Jharkhand HC: 2018 SC Verdict Quashing Section 497 IPC On Adultery Will Apply To Pending Proceedings Even For Offences Prior To 2018

BACKGROUND

• A five bench of Supreme Court led by former Chief Justice Dipak Misra in 2018 unanimously struck down Section 497 of IPC, therefore, decriminalising adultery.
• It was held to be unconstitutional that violated Articles 14, 15, and 21 of the Constitution.
• The Apex Court also read down Section 198 of CrPC that only gave the right to the husband to file charges under Section 497, IPC.
• It was the landmark case of Joseph Shine v. Union of India.

CASE BEFORE JHARKHAND HIGH COURT

• The petitioner was convicted for adultery under Section 497 of IPC by the Trial Court in 2008 and Sessions Court in 2013.
• The petitioner had come before the High Court challenging the judgements of Trial Court and Sessions Court.
• The issue before the HC was whether the judgment of Joseph Shine v. Union of India was retrospective in effect.

ARGUMENTS

• The petitioner’s counsel argued that since Section 497 was held unconstitutional by Apex Court in Joseph Shine vs UOI, therefore no conviction under the provision was not maintainable.
• The counsel for the state argued that lower courts were correct in their findings and there is no requirement for a revision petition.
• He also argued that constitutional validity of Section 497 was not the matter of contention.

ORDER

• Justice Anubha Rawat Chaudhary observed that according to Article 141 of the Constitution, any law declared by the Supreme Court is binding on all the lower courts and applicable to all pending proceedings.
• The court also referred to Bombay High Court’s order in Rupesh vs Shri Charandas wherein the order of the Apex Court was followed and Section 497 was set aside.
• The High Court set aside the 2008 judgment of the Trial Court and 2013 judgements of the Sessions Cout stating that the conviction cannot be sustained as the Supreme Court has declared Section 497 as unconstitutional.

What do you think of this case?