SC reserves order on pleas challenging constitutional validity of adultery law
The hearing in the case by the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, went on for six days and had commenced on August 1.
Earlier in the day, the apex court had asked the Centre "what public good" the penal law on adultery served as it provided that no offense 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 offense by keeping in mind the sanctity of marriage as an institution.
Anand also said that the judgment of foreign jurisdictions setting aside adultery as a criminal offense, should not be taken into account and the instant matter is decided on the basis of the social conditions prevalent in India.
Section 497 of the 158-year-old IPC says: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."
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