Law Commission of India recommended that adultery shall not be considered as a crime therefore shall be deleted from IPC, 1860. This recommendation is based on :
Wolfenden Committee Report
The Law Commission of India, in its 42nd Report and subsequent reports, recommended decriminalisation of adultery (Section 497 IPC), a view finally accepted by the Supreme Court in Joseph Shine v. Union of India (2018). The intellectual foundation for this recommendation was the Wolfenden Committee Report of 1957 in the United Kingdom, which laid down the classic liberal principle that the criminal law should not intrude into private consensual morality between adults. The Wolfenden Report separated 'sin' from 'crime' and argued that adultery, homosexuality between consenting adults, and similar conduct should be outside the ambit of penal law. Indian legal reform on adultery, therefore, is rooted in the Wolfenden philosophy of limiting the scope of criminal law to public wrongs.
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