JOSEPH SHINE V. UNION OF INDIA (2018 Supreme Court)

The landmark judgment of the Hon’ble Supreme Court of India in the case of Joseph Shine v. Union of India (2018) led to the conclusive burial of Section 497 of the Indian Penal Code 1860 . The provision pertained to extramarital intercourse but was limited to only those instances whereby a man had intercourse with a woman who was married to another man. The provision was struck down by a Constitutional Bench consisting of five judges of the Hon’ble Supreme Court of India who unanimously held that the provision was violative of the constitutional guarantees of the Indian citizens and failed to pass constitutional muster for the reasons explained hereinbelow.