Offences relating to Marriage Questions and Answers

Q: Provisions regarding Adultery have been discussed in which chapter of The Indian Penal Code, 1860?

Adultery was dealt with in Chapter XX of the Indian Penal Code, 1860, which is headed Of Offences Relating to Marriage and contains Section 497 on adultery along with bigamy and related offences. The Supreme Court struck down Section 497 in Joseph Shine v. Union of India (2018).Chapter XI is about false evidence and offences against public justice, Chapter XV is about offences relating to religion, and Chapter V is about abetment. None of these covers adultery.

Q: 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 ?

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.

Q: Offence of criminal elopement is dealt under which provision of Indian Penal Code ?

Criminal elopement is dealt with under Section 498.Section 498 of the IPC punished whoever takes or entices away, or conceals or detains, the wife of another man with intent that she may have illicit intercourse with any person. Because it covers enticing a married woman away, it is commonly called the offence of criminal elopement.Section 497 was adultery (struck down in 2018), Section 494 is bigamy, and Section 495 is bigamy with concealment of the former marriage.

Provisions regarding Adultery have been discussed in which chapter of The Indian Penal Code, 1860?

A.Chapter - XI
B.Chapter - XX
C.Chapter - XV
D.Chapter - V

Exam Year(s)

DSSSB - 2023,

Answer: B

Adultery was dealt with in Chapter XX of the Indian Penal Code, 1860, which is headed Of Offences Relating to Marriage and contains Section 497 on adultery along with bigamy and related offences. The Supreme Court struck down Section 497 in Joseph Shine v. Union of India (2018).

Chapter XI is about false evidence and offences against public justice, Chapter XV is about offences relating to religion, and Chapter V is about abetment. None of these covers adultery.

Discuss in Forum

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 ?

A.V. Revathi Vs. U.O.I.
B.Yusuf Azis Vs. State of Bombay
C.Sowmithri Vishnu Vs. U.O.I.
D.Joseph Shine Vs. U.O.I.

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

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.

Discuss in Forum

Offence of criminal elopement is dealt under which provision of Indian Penal Code ?

A.Section, 497
B.Section, 498
C.Section 494
D.Section, 495

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: B

Criminal elopement is dealt with under Section 498.

Section 498 of the IPC punished whoever takes or entices away, or conceals or detains, the wife of another man with intent that she may have illicit intercourse with any person. Because it covers enticing a married woman away, it is commonly called the offence of criminal elopement.

Section 497 was adultery (struck down in 2018), Section 494 is bigamy, and Section 495 is bigamy with concealment of the former marriage.

Discuss in Forum

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