In Joseph Shine v Union of India (2018), which provision of the Indian Penal Code, 1860 did the Supreme…
In Joseph Shine v Union of India, (2019) 3 SCC 39, the Supreme Court held the adultery offence in section 497 unconstitutional. It also invalidated section 198(2) of the…
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In Joseph Shine v Union of India (2018), which provision of the Indian Penal Code, 1860 did the Supreme Court strike down?
Answer and explanation
Correct answer C
In Joseph Shine v Union of India, (2019) 3 SCC 39, the Supreme Court held the adultery offence in section 497 unconstitutional. It also invalidated section 198(2) of the Code of Criminal Procedure, 1973 to the extent that it applied to that offence. The judgments address equality, gender discrimination, dignity and sexual autonomy under Articles 14, 15 and 21.
Option feedback
Option A
Incorrect. Section 498A concerned cruelty by a husband or his relative. The Court struck down the adultery provision, section 497.
Option B
Incorrect. Section 498 concerned enticing, taking away or detaining a married woman with criminal intent. The Court struck down section 497.
Option C
Correct. In Joseph Shine vs. Union of India, (2019) 3 SCC 39 (decided on 27 September 2018), a five-Judge Constitution Bench of the Supreme Court struck down Section 497 of the erstwhile Indian Penal Code, 1860 (criminalising adultery) as unconstitutional, violating Articles 14, 15, and 21 of the Constitution.
Option D
Incorrect. Section 494 concerned marrying again during the lifetime of a spouse. The Court struck down section 497.
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