Delhi High Court Acquits Man Convicted For Adultery, Says Section 497 IPC Unconstitutional With Retrospective Effect

The Delhi High Court has acquitted a man convicted for adultery, holding that the conviction could not survive after Section 497 of the Indian Penal Code was declared unconstitutional by the Supreme Court in Joseph Shine v. Union of India judgment.

Justice Vimal Kumar Yadav observed that the case reflected a “modern avatar” of the Mahabharata-era “Niyog Pratha”, while dealing with allegations arising out of an arrangement between the prosecutrix and the accused for conception of a child.

“The Mahabharata era 'Niyog Pratha' resurfaced in the modern times in its new avatar,” the Court said.

“Relationship established in 'Niyog Pratha' ends once the purpose was evolved. There are several examples in Mahabharata era where this Niyog Pratha was put into use. Incidentally in the modern times also a similar custom is prevalent in various communities in the world,” it added.

As per the prosecution, the accused and his wife were tenants in the prosecutrix's house. It was alleged that the accused's wife administered an intoxicating substance to the prosecutrix, after which the accused raped her and later threatened her using alleged nude videos. A child was subsequently born from the relationship.

The trial court had acquitted both accused persons of offences under Sections 376 and 384 of IPC. However, the man alone was convicted under Section 497 of IPC and sentenced to three years' rigorous imprisonment with fine, despite not being originally charged under the provision.

It was the appellant's case that Section 497 of IPC had already been struck down by the Supreme Court in 2019 and therefore could not form the basis of conviction.

Reliance was also placed on a previous Delhi High Court ruling holding that the declaration of unconstitutionality would operate retrospectively.

Accepting the submission, the High Court noted that once Section 497 of IPC had been declared unconstitutional for violating Articles 14, 15 and 21 of the Constitution of India, it ceased to remain part of the statute book.

“In view of the aforesaid circumstances, the impugned judgment, in which Appellant has been held guilty and convicted under Section 497, cannot be sustained as the Section itself has been declared unconstitutional and no longer part of the statute,” the Court held.

Accordingly, the appeal was allowed and the appellant was acquitted for the offence of adultery. The Court also discharged his bail bonds.

“Since the retrospective effect of the judgment in Joseph Shine (supra) there, which encompasses the present appeal as well. In such circumstances, there cannot be any other outcome of the appeal except that the Appellant is to be acquitted of the charge,” the Court said.

Title: KAMAL KAPOOR v. STATE

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