SC verdict on constitutional validity of the penal law on adultery today

New Delhi: Will adultery continue to remain a criminal offence under IPC? The Supreme Court on Thursday will give their verdict on it. On August 8, the apex court had reserved its verdict on pleas challenging the constitutional validity of the penal law on adultery.

A five-judge constitution bench headed by Chief Justice Dipak Misra also comprising of Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra heard the case for six days. SC asked probing questions to Centre about "what public good" the penal law on adultery served as it provided that no offence would be made if the husband of a woman approves an adulterous relationship.

The ASG had commenced her arguments by saying that adultery has been made an offence by keeping in mind the sanctity of marriage as an institution. Anand also said that the judgement of foreign jurisdictions setting aside adultery as a criminal offence, should not be taken into account and the instant matter be decided on the basis of the social conditions prevalent in India.

Referring to the inconsistencies in the penal provision, the bench posed that the burden of maintaining the sanctity of marriage rested only with the woman and not the husband.