The Supreme Court verdict declaring the penal provision of adultery as unconstitutional will lead to the countrywide stoppage of proceedings in such cases and discharge of the accused in magistrate courts.
However, the impact of such cases cannot be quantified as no data on the number of adultery cases in the courts is available. Judicial sources indicated that a good number of adultery cases would be pending in magistrate courts.
Petition for divorce
Adultery is often raised as an adjunct complaint along with the petition for divorce as infidelity is considered a valid ground for judicial separation as well as divorce, judicial sources said.
The officials of the State Crime Records Bureau also are clueless about the number of such cases.
Since the offence of adultery is essentially a private complaint, which could be filed only by the husband of the woman with whom the offence has been committed, the State has no role in the registration of such cases, said a senior official of the bureau.
After the apex court verdict on Thursday, the courts cannot take cognizance of the offence or proceed with the case from the day of the verdict.
The First Class Magistrate, who was earlier empowered to try such cases, shall stop the proceedings as envisioned in the Criminal Procedure Code.
Acquittal
The magistrate shall pronounce a judgment of acquittal, if the trial has been completed or release the accused, if the trial has not been commenced. Such releases shall have the effect of discharge from the case, according to the provisions of the code.
The bailable offence had earlier attracted imprisonment up to five years, or fine or both. It was also classified as a compoundable one by the husband of the woman.
