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1 - 10 of 13 (2.69 seconds)Section 494 in The Indian Penal Code, 1860 [Entire Act]
Section 366 in The Indian Penal Code, 1860 [Entire Act]
S. Khushboo vs Kanniammal & Anr on 28 April, 2010
10. Evidently as noticed in S. Khushboo Vs. Kanniammal & Ors.,
(supra), no statutory offence takes place when adults
willingly engage in sexual relations outside the marital setting.
Exception was adultery under Section 497 IPC, which has already
been struck down. Likewise, offence under Section 494 IPC is not
made out as it is not the case of the parties that anyone has
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remarried during the lifetime of husband or wife. Unless marriage
is pleaded and proved only marriage like relationship such as
living-in-relationship would not come within the mischief of
Section 494 IPC.
The Indian Penal Code, 1860
Navtej Singh Johar vs Union Of India Ministry Of Law And ... on 6 September, 2018
4. This Court considered the dictum in Navtej Singh Johar Vs.
Union of India (2018) 10 SCC 1 and Safi Jahan Vs. Asokan
K.M. 2018(6) SCC 368, wherein the Hon'ble Supreme Court
reiterated that constitutional morality ought to have precedence
over societal morality. Hon'ble Supreme Court had elaborately
discussed right of privacy of an individual and its extent.
Lata Singh vs State Of U.P. & Another on 7 July, 2006
"21. While it is true that the mainstream view in our society is that
sexual contact should take place only between marital partners, there
is no statutory offence that takes place when adults willingly engage in
sexual relations outside the marital setting, with the exception of
`adultery' as defined under Section 497 IPC. At this juncture, we may
refer to the decision given by this Court in Lata Singh Vs. State of U.P.
& Anr., AIR 2006 SC 2522, wherein it was observed that a live-in
relationship between two consenting adults of heterogenic sex does
not amount to any offence (with the obvious exception of `adultery'),
even though it may be perceived as immoral. A major girl is free to
marry anyone she likes or "live with anyone she likes". In that case,
the petitioner was a woman who had married a man belonging to
another caste and had begun cohabitation with him. The petitioner's
brother had filed a criminal complaint accusing her husband of
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offences under Sections 366 and 368 IPC, thereby leading to the
commencement of trial proceedings. This Court had entertained a writ
petition and granted relief by quashing the criminal trial. Furthermore,
the Court had noted that `no offence was committed by any of the
accused and the whole criminal case in question is an abuse of the
process of the Court'. "
Article 14 in Constitution of India [Constitution]
Joseph Shine vs Union Of India on 27 September, 2018
9. Thereafter in Joseph Shine Vs. Union of India reported
in (2019) 3 SCC 39, a Constitution Bench of Hon'ble Supreme
Court declared Section 497 IPC as violative of Articles 14, 15 and
21 of the Constitution of India and struck it down. Section 494 IPC
reads as follows :-