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Dildar Singh (xx)     28 September 2018

Adultery no more a criminal offence

the Supreme court has struck down sec 297 of IPC.......Adultery is no more a criminal offence

 

the question is.........what happens to persons who are already languishing in jails of charges of Adultery...

Technically they should all be set scot free and allowed to go.........at the most the divoice petitions may continue....

criminal offence turning into civil offences

 

can anybody guess the fate of the persons in jail.........is anybody in favour of their release

this is merely a theroritical question which has not been clearified so far

 



Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     28 September 2018

Section 497 IPC is for Adultery, have not gone through the judgment yet but it will not work retrosepectly.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     28 September 2018

S. 497 has been declared unconstitutional, so all the undertrails move their trial court by an application quoting SC judgment.  They would be let off immediately.  But in FIR, besides S.497 some other sections are attached, such freedom won't be available.

Shankar Shetty (Practicing Advocate)     29 September 2018

So you want to do self goal?

N.K.Assumi (Advocate)     29 September 2018

At lasat the Victorian era provisions has been removed. This provisions was introduced in our statue book during the Colonia era and which they reomved in their own country, but continued to remain in our IPC for too long, but better late than never. 


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