true under Sections 363 and 366 of the IPC.
However, the case was found to be true under Section 497 of the
IPC ... Section 173(2) of the
CrPC, vide order dated 06.01.2015, the learned Chief Judicial
Magistrate, Madhepura took cognizance under Section 497 of the
IPC
West Champaran at Bettiah for committing offences under
Sections 497 and 498 of the Indian Penal Code and was directed to
suffer rigorous imprisonment ... offences under Sections 497 and
498 of the Indian Penal Code.
4. Section 497 IPC reads as under:-
"497. Adultery.- Whoever
which sole
appellant Tuntun Sah stood convicted under Sections 497
and 498 of the Indian Penal Code (hereinafter referred to as
the ― IPC ... aggrieved by an offence
punishable under 1 section 494 or section 495 ] of the
Indian Penal Code (45 of 1860 ) is the wife,
complaint
Tarikat since much prior to the year, 2018, when Section
497 IPC providing for punishment for adultery was declared
unconstitutional in Josehph Shine
under Sections 497 , 324 , 307 and 302 of the Indian
Penal Code read with 34 of the Indian Penal Code , where
investigation of the case ... trial,
acquitted appellant/convict from the charge of Section 497 of
the Indian Penal Code, but convicted under Section 302 with aid
of Section
wherein the Apex
Court has held that Section 497 IPC is violative of Articles 14 ,
15(1) and 21 of the Constitution being ... unconstitutional.
13. It is well settled that the second part of Section
482 of the Code of Criminal Procedure/ 528 of BNSS preserves
the inherent
wherein the the Apex Court has
held that Section 497 IPC is violative of Articles 14 , 15(1) and
21 of the Constitution ... backdrop of the interpretation of the
various relevant provisions of the Code under
Chapter XIV and of the principles of law
enunciated by this Court
attracts and
fulfilled the requirement constituting an offence under Section
497 of the Indian Penal Code, which reads as such:-
"497. Adultery - Whoever ... learned trial court, is converted
from Section 376 of the Indian Penal Code to Section 497 of
the same and with the above modification
that count and
convicted him for the offence under Section 497 of
the Indian Penal Code for which there was no
charge framed ... Indian Penal Code. As regards the
conviction under Section 497 of the Penal Code,
firstly, there was no charge framed under that
section. Secondly
Prasad, J.
1. The appellant has been convicted Under Section 497 , Indian Penal Code, and -sentenced to undergo rigorous imprisonment for five years
