Discussion
In which case the Supreme Court held that, adultery cannot and should not be a crime. It can be a ground for civil offence, a ground for divorce ?
Answer: D
The case is Joseph Shine v Union of India.
In September 2018 a five-judge bench of the Supreme Court struck down Section 497 of the IPC, the offence of adultery, as violating Articles 14, 15 and 21. The Court held that adultery may be a ground for divorce or other civil remedies, but cannot be a crime, and that the provision treated the wife as the husband's property.
Yusuf Abdul Aziz (1954), Sowmithri Vishnu (1985) and V. Revathi (1988) had all upheld Section 497 earlier; Joseph Shine overruled them.
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