Section 497 in The Indian Penal Code, 1860
497. Adultery.—
Whoever has sexual intercourse with a person who is and whom he knows ... Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution.Section 198(2) of the CrPC. which
adverting to the constitutional validity of Section 497 of the
Indian Penal Code ( IPC ) and Section 198 of the Code of Criminal
Procedure ... Court
noted that:-
“Prima facie, on a perusal of Section 497 of
the Indian Penal Code, we find that it grants
relief to the wife
punished for having
committed the offence punishable under Sections 366 , 376 , 497
of Indian Penal Code (hereinafter referred to as " IPC ... basic principle and ingredients of
section 198(2) Cr.P.C as well as Section 497 IPC and as such,
great prejudice
person aggrieved by an offence punishable under [ section 494 or section 495 ] of the Indian Penal Code (45 of 1860) is the wife, complaint ... Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual inter
jurisprudence.
10. Chapter XX of the Indian Penal Code deals with 'Offences Relating to Marriage'. Section 497 of the IPC, with ... aggrieved by any offence punishable under Section 497 or Section 498 of the Penal Code". Therefore, the complaint can be filed only
applicant that this Court
has undoubtedly proceeded to find Section 497 of
the Indian Penal Code, 1860 (hereinafter referred
to as ‘ IPC ... Section 497 IPC
and Section 198 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
‘ Cr.P.C .’ for brevity
applicant that this Court
has undoubtedly proceeded to find Section 497 of
the Indian Penal Code, 1860 (hereinafter referred
to as ‘ IPC ... Section 497 IPC
and Section 198 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
‘ Cr.P.C .’ for brevity
dated 28.04.2018 whereby the Petitioner has been summoned under
Section 497 of the Indian Penal Code, 1860 (' IPC ' hereinafter) in
Complaint ... with Ashok Kumar Singh. Thereafter, he filed the Criminal
Complaint under Section 497 IPC.
6. The learned M.M. after recording
conviction and sentence of the petitioner under Sections 448 and 497 of
the Indian Penal Code ( IPC hereunder) passed by the Sub-Divisional ... that you
thereby committed an offense punishable u/s 497 of the
Indian Penal Code and within the cognizance of this
court.
And I hereby
offences punishable under Sections 363 / 302 / 201 / 34 IPC.
3. After compliance of provisions of Sec. 207 CrPC by the court ... under Section 364 / 34
IPC & 302/34 IPC was framed against both accused persons; Charge-II
under Section 497 IPC
