In 2018, the Supreme Court of India struck down Section 497 of the Indian Penal Code during a case hearing, after which adultery ceased to be a criminal offense in India.
SNPNEWS.IN News Update: On September 5, 2025, in Tehatta, Nadia district (West Bengal), a couple, Utpal Biswas (60) and Soma Biswas (55), were brutally beaten to death by a mob of approximately 200 villagers. Their daughter-in-law, Nisha Biswas, was also severely attacked, requiring hospitalization. Local reports point to rumors of allegations of infidelity/adultery within the family as a trigger for the mob’s frenzy and public humiliation. Additionally, suspicions/rumors of the victim family’s involvement in the murder of a 9-year-old boy from the village that night are considered a contributing factor to the incident.
The attack involved the use of sticks, bamboo rods, and dragging the victims through the streets. Some villagers recorded videos of the incident and shared them on social media, leading to widespread public outrage.
On September 6, 2025, an FIR was registered at Tehatta Police Station against 200 unidentified individuals under relevant sections of the Bharatiya Nyaya Sanhita (BNS), including Section 103(1) (murder), Section 103(2) (mob lynching), Section 115 (assault with intent to cause harm), Section 351 (criminal intimidation), and additional charges under Section 74 (outraging the modesty of a woman) due to the gendered nature of the attack on the female victim.
The FIR was filed based on the complaint of Nisha Biswas and eyewitnesses. On September 9, 2025, the police arrested a youth, considered the main accused in spreading the rumors, and obtained a 7-day remand after presenting him in court.
Following the emergence of this case, the Supreme Court’s decision on September 27, 2018, has become a topic of discussion, which declared that adultery is not a criminal offense in India.
Supreme Court Ruling: In the 2018 case of Joseph Shine v. Union of India, the Supreme Court of India unanimously struck down Section 497 of the Indian Penal Code, which had criminalized adultery, thereby decriminalizing it across the country.
The court found the law outdated and unconstitutional, arguing that it treated women within marriage as subordinate and property, violating the fundamental rights to equality (Article 14), non-discrimination (Article 15), and personal liberty and dignity (Article 21). This historic ruling also struck down Section 198(2) of the Code of Criminal Procedure, which had limited adultery complaints to husbands only.
However, adultery remains significant under civil law. (Adultery is a valid ground for divorce under the Hindu Marriage Act, 1955 (Section 13(1)(i)), the Special Marriage Act, 1954, and other personal laws.) However, no individual can be imprisoned or fined on the grounds of adultery.
Following this court ruling, it is clear that assaulting someone on suspicion of adultery is illegal and can lead to punishment under Sections 115 (assault), 118 (causing hurt), or 120 (grievous hurt) of the Bharatiya Nyaya Sanhita (BNS). Additionally, recording and publicizing a video of an individual constitutes a violation of privacy (Article 21 of the Constitution), defamation (BNS Section 356), or an offense under the Information Technology Act, 2000 (Sections 66E, 67).