In the simplest words possible, No, extramarital affairs aren’t legal in India, but keep in mind, they aren’t considered a crime as well. Though, you should be aware that if you are caught having an extramarital affair, it could very well be the reason for your divorce with your partner because they can ask for it before the court.
Legal Status of Extra-Marital Affairs in India
Can you actually imagine this, until the year 2018, if you were to have an extra-marital affair in India, you would have really gotten into legal problems? Yes, that’s a 100% true. This was mainly because of Section 497 of the Indian Penal Code (IPC), a law that specifically targeted men who engaged in sexual relationships with married women without the husband’s consent. If caught in the act, the man would face a prison sentence of up to 5 years, that’s how it is.
However, this law was widely criticized for treating women as mere property of their husbands and failed to hold women equally responsible in the affair. Many argued that this statute was outdated and blatantly violated the principles of equality, you know?
In a historic decision passed in September 2018, the Supreme Court of India intervened and declared Section 497 unconstitutional. This ruling meant the law was discriminatory and that it contravened the rights to equality and personal freedom. As a result, extra-marital affairs are no longer regarded as a criminal offense in India. Currently, no one can be a criminal because they have an affair outside the marriage.
While extra-marital affairs are no longer considered a crime, they can still lead to the destruction of a marriage. So yes, adultery is still a solid ground for divorce in India. The spouse who can prove the involvement of the other party in an affair may legally file for divorce.
The various personal laws like the Hindu Marriage Act include the condition of adultery as grounds for divorce. Hence, although you won’t necessarily be sentenced to jail, your marriage may be in danger or might break if your partner chooses to take a divorce on the basis of your involvement in an extra-marital relationship.
What Are Some Misconceptions About the Legality of Extra-Marital Affairs?
After the Supreme Court’s ruling in 2018, things became kinda, or should we say “very” unclear. Some believed that the court had made extra-marital affairs entirely acceptable and that they were thus legal in every regard. However, that is not the case. The court only decriminalized adultery, meaning it is not punished as a crime any longer. Nonetheless, such relationships are not approved by society or by law.
And yes, here in this case, one distinction that needs to be made is between law and morals. Where the law does not place any penalties, society may still see it as unacceptable. So, while you can’t go to jail for an extra-marital affair, it can be a way to lose recognition or respect among people you care for and cause a lot of harm to others, well, mentally at least.
