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Pardeep Sharma   29 October 2019

adultery case 497 and 323

sir, 
a case under section 497and 323 was registered against me in 2015. Court issued summons but I did not receive. Finally, I received a non bailable warrant 1 day prior due date which was 04 oct 19. I went to court a get bail on 10 Oct. Now next hearing is on 28 Nov. 
As the Apex court has declared 497 unconstitutional, will the court dismiss the charge of 497 and proceed its hearing on 323 or the court will continue with both the sections of 497 and 323?


Learning

 1 Replies

Anila Sabu   07 February 2022

In response to your query,

The supreme court decriminalised and struck down section 497 in the case of Joseph Shine v/s Union Of India in 2017.

Due to this court will not charge you with any punishment under this section. However, the court will continue the hearing on the charge under section 323.

Regards,

Anila K. Sabu


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