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2018 (9) TMI 1792 - SUPREME COURT
Validity of Section 497 IPC - offence of adultery - relief to the wife by treating her as a victim - Societal equality - gender neutrality - Held that:- The State must follow the minimalist approach in the criminalization of offences, keeping in view the respect for the autonomy of the individual to make his/her personal choices - The right to live with dignity includes the right not to be subjected to public censure and punishment by the State except where absolutely necessary. In order to determine what conduct requires State interference through criminal sanction, the State must consider whether the civil remedy will serve the purpose. Where a civil remedy for a wrongful act is sufficient, it may not warrant criminal sanction by the State.
It is declared that Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution; Section 198(2) of the Cr.P.C. which contains the procedure for prosecution under Chapter XX of the I.P.C. shall be unconstitutional only to the extent that it is applicable to the offence of Adultery under Section 497.