According to police, the woman's husband accused her of adultery and, along with his two brothers, tied her to a tree and stoned her to death. They also brutally tortured her before killing her.
A 31-year-old man was arrested from a news channel studio during a live programme when he confessed killing of two women over infidelity over the last 10 years. The accused was arrested by the police while the show was live.
A five-judge bench comprising Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra said that unequal treatment of women invites the wrath of the Constitution.
The apex court was unanimous in striking down Section 497 of IPC in dealing with offence of adultery and holding it as manifestly arbitrary, archaic law.
Chief Justice Dipak Misra and Justices A M Khanwilkar and RF Nariman held that Section 497 of the Indian Penal Code dealing with the offence of adultery is unconstitutional.
Mere adultery can't be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the IPC: CJI Dipak Misra reading verdict on the validity of Section 497 (Adultery) of the Indian Penal Code (IPC)
Mere adultery can't be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the IPC: CJI Dipak Misra reading verdict on the validity of Section 497 (Adultery) of the Indian Penal Code (IPC)
The Supreme Court on Thursday said matrimonial sanctity is an issue but the penal provision on adultery is apparently violative of the right to equality under the Constitution as it treats married men and married women differently.
The offence of adultery entails punishment of up to five years or with fine or with both. However, in such cases, the wife shall not be punishable as an abettor.
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