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2018 Supreme(SC) 6

DIPAK MISHRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
JOSEPH SHINE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Kaleeswaram Raj, Suvidutt M.s., Advs.
For Respondent(s): R. Balasubramanian, B.V. Balram Das, Sachin Sharma, Advs.

ORDER

1. Heard Mr. Kaleeswaram Raj, learned counsel for the petitioner and Mr. R. Balasubramanian, learned counsel along with Mr. B.V. Balram Das, learned counsel for the Union of India.

2. This Court on 8th December, 2017, at the stage of admission, had passed the following order:-

“In this petition, preferred under Article 32 of the Constitution of India, the petitioner has challenged the constitutional validity of Section 497 of the Indian Penal Code and and Section 198(2) of the Criminal Procedure Code. The said provisions read as under:

497. Adultery.— Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

198. Prosecution for offences against marriage

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any













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