Sections 497 and 498 of the Indian Penal Code - Trespass against a Man’s Property (Well, in a Way, Yes!)
By
Atreyee Majumdar
Section 497 of the IPC, criminalises acts of “sexual intercourse” of the wife of another, “without the consent or connivance of that man”. Likewise, Section 498, IPC, criminalises acts of “enticing away”, “concealing” or “detaining” of the wife of another, with the “intent that she may have illicit intercourse with any person”. Apart from the sections reflecting severe patriarchal viewpoints, this paper attempts to show that the social framework from which such a law had emanated, no longer exists, and hence, the law should be repealed.
Constitutionality of Sections 497 and 498
Questions as to the constitutional validity of Section 497, so far has risen with regard to the right against discrimination on the basis of sex (Articles 14 and 15). The sections give the husband a right to prosecute another man for having sexual intercourse with his wife, or for enticing or detaining ....