Pune: Pimpri Chinchwad Policeman Transferred For Filling Case Under Defunct IPC Section 497 For Adultery; Commissioner Orders Inquiry

Wakad, 12th January 2024: In a notable case of ignorance of legal reforms, a policeman from the Wakad Police Station, identified as Maksud Maner, has been promptly transferred to the Control Room for erroneously filing a case under Section 497 of the Indian Penal Code, a clause that has been declared unconstitutional by the Supreme Court.

Pimpri Chinchwad Commissioner of Police, Vinay Kumar Choubey, has initiated a thorough inquiry into the matter, directing Assistant Commissioner of Police Dr. Vishal Hire to investigate and submit a detailed report.

The incident came to light when, despite the Supreme Court’s ruling striking down Section 497, the Wakad Police of Pimpri-Chinchwad Police Commissionerate registered a case under this now-defunct section. The case arose from a complaint by a businessman from Manchar in Ambegaon taluka who suspected his wife of having an illicit relationship. The husband, feigning an absence from the village, trailed his wife to a lodge in Wakad. A forced entry was made into the lodge, where the husband allegedly caught his wife and her lover in a compromising situation.

Section 497 previously criminalized adultery, stipulating that a man could be punished for engaging in sexual relations with another man’s wife without consent. The Supreme Court, deeming this provision discriminatory and violative of constitutional principles, declared it null and void. The ruling emphasized that the wife, being considered the property of the husband, was unable to initiate legal action in such cases. The court, in its decision, aimed to rectify this gender bias by invalidating Section 497.

Commissioner Choubey took swift action upon learning of the case, attaching Constable Maner to the Control Room and ordering an investigation into the entire matter. D

Following the revelation, Maharashtra State Commission for Women Chairperson Rupali Chakankar sought clarification from the police. In response, the police issued a written apology to Chakankar, acknowledging the lapse.