J&K HC Refuses To Cancel Bail Granted To BSF Employee Accused Of Adultery [Read Order]

Section 497 has been erased from the Indian Penal Code, but it still exists in Ranbir Penal Code. Adultery is not a criminal offence in India except in the state of Jammu and Kashmir.

On October 30, the Jammu and Kashmir High Court considered a revision petition against a Magistrate’s order granting bail to a BSF employee accused under Sections 457, 497 and 109 RPC.

One of the grounds urged in the petition reads: “That the respondent is a BSF employee belonging to a disciplined force, but the act of adultery which has been committed by the respondent no. 1 upon the wife of petitioner, who is a government teacher posted in a primary school where both boys and girls are studying and the offence of adultery abetted is against the education system.”

Perusing the records, the bench observed that the offences under Sections 457 and 497 RPC were non-bailable, and thus the court below should have granted an opportunity to the prosecuting agency to file the objections, but the order reveals that no such opportunity has been given to the prosecuting agency to file the objections.

The bench then said: “I am of the opinion that the order is not according to law, however, since more than six years have passed, so the bail already granted to the respondent is not required to be set aside.”