According to the present law, only a man can be prosecuted for the offence of adultery with the woman being granted immunity from proceedings on account of her position in society.
Section 497 supports, safeguards and protects the institution of marriage, the SC said.
Union Home Minister P Chidambaram on Tuesday called for the trifurcation of police in states by creating separate cadres for investigation and prosecution, besides one for the law and order handling.
The top court made the observations in a judgement by which it set aside the conviction of three people, including the two death row convicts, in a case of kidnapping and murder of a 15-year-old boy in Madhya Pradesh.
The number of undertrials is at a historic high and comes at a time when vacancies in the judiciary -- across the lower courts, high courts, and the Supreme Court -- remain high.
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