Complaint under unconstitutional Section 497 IPC dismissed; revisional application finds no grounds for interference.
In a significant development, the Gujarat High Court has dismissed a criminal revision application concerning a complaint filed under Section 497 of the Indian Penal Code, which pertained to adultery. The judgment, delivered by Justice Hasmukh D. Suthar on March 16, 2026, reaffirms the unconstitutionality of the provision as declared by the Supreme Court in the landmark case of Joseph Shine v. Union of India.
The case involved Mansukhbhai Dhanjibhai Makwana, who had filed a complaint against his estranged wife and another individual, alleging adultery under Section 497 IPC. However, the Supreme Court had previously struck down this section in 2018, declaring it unconstitutional and violative of Articles 14, 15, and 21 of the Indian Constitution. Consequently, the trial court had discharged the accused, a decision upheld by the Additional City Sessions Judge, Ahmedabad.
Justice Suthar underscored that the prosecution under a provision deemed unconstitutional by the Supreme Court cannot proceed. He noted, "In the present complaint, except for the allegation of adultery, no other consequence or independent offence has been alleged." The ruling emphasized that acts of alleged adultery cannot be prosecuted under a provision declared unconstitutional, aligning with the precedent set in Joseph Shine v. Union of India.
The applicant's contention that the Supreme Court's judgment should apply prospectively was dismissed by the High Court. Justice Suthar stated, "The contention that the judgment of the Hon'ble Supreme Court has only prospective application cannot be accepted in the facts of the present case." He affirmed that the courts below had rightly discharged the accused, as there was no jurisdictional error, perversity, or illegality in their findings.
The Gujarat High Court's judgment highlights the impact of the Supreme Court's decision on adultery laws in India, reinforcing the notion that legal provisions must align with constitutional principles. This dismissal marks a continued adherence to constitutional safeguards and gender equality as enshrined in the Indian legal framework.
Bottom Line:
Section 497 IPC declared unconstitutional by Supreme Court of India; criminal prosecution under the provision declared unconstitutional cannot continue.
Statutory provision(s): Section 497 of the Indian Penal Code, Section 245 of the Criminal Procedure Code, Articles 14, 15, and 21 of the Constitution of India.
Mansukhbhai Dhanjibhai Makwana v. State Of Gujarat, (Gujarat) : Law Finder Doc id # 2869584
