Adultery Under Section 497 Of IPC Is Unconstitutional: Supreme Court The Supreme Court has struck down Section 497 of the Indian Penal Code, which criminalizes adultery, as unconstitutional. A five judge Constitution bench comprising Chief justice of India Dipak Misra, Justices Chandrachud, Indu Malhotra, R F Nariman, A M Khanwilkar held that Section 497of IPC