Report No. 156

Clause 198

12.89. Under this clause the existing section 494 is sought to be substituted by new section. We have discussed the proposed amendment in Chapter IX and for the reasons stated therein. The proposed new section can be substituted but as already noted, another Explanation 3 should be added in accordance with the principle laid down by the Supreme Court in Sarla Mudgal v. Union of India, AIR 1995 SC 1531.

Clause 199

12.90. Under this clause again, the existing section 497 is sought to be substituted by a new section. This section deals with offence of committing adultery. We have discussed about this proposed amendment in Chapter IX in detail and we suggested some changes by way of corrections in the proposed section so as to make the woman also punishable and to carry out the consequential changes in the provision of Cr. P.C. Accordingly, in the proposed section, the words "by the man" have to be omitted.