LANDMARK CASE

Joseph Shine v. Union of India

(2019) 3 SCC 39 · Supreme Court of India · Criminal and constitutional law

At a glance

Citation: (2019) 3 SCC 39
Court: Supreme Court of India
Area of law: Criminal and constitutional law
In one line: Section 497 was struck down as violating Articles 14, 15 and 21. Adultery may be a ground for divorce but not a crime.

1 Facts

Section 497 IPC punished only men for adultery, and only if the woman's husband had not consented.

2 Issue

Is the offence of adultery constitutional?

3 What the court decided

Section 497 was struck down as violating Articles 14, 15 and 21. Adultery may be a ground for divorce but not a crime.

4 Why it matters

It rejected the idea of the wife as the husband's property.

5 Think about it

Why does the Court treat the husband's consent condition as especially objectionable?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

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A short teaching summary for students. Educational content only, not legal advice.