Quick answer
Yes. Since the Supreme Court of India judgment in Joseph Shine vs. Union of India in 2018, adultery is no longer a criminal offence in India. However, an extramarital relationship can still matter in civil proceedings such as divorce or alimony disputes.
One of the most common questions about extra marital affairs in India is whether they are legal. The short answer: yes, consensual extra marital relationships between adults are not a criminal offence in India. Here's the full picture.
The 2018 Supreme Court Ruling
On September 27, 2018, a five-judge constitutional bench of the Supreme Court of India unanimously struck down Section 497 of the Indian Penal Code — the adultery law — in the landmark case Joseph Shine vs. Union of India.
Chief Justice Dipak Misra, writing for the bench, held that adultery as a criminal offence was unconstitutional. The court ruled it violated Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and personal liberty) of the Indian Constitution.
What the Ruling Changed
Before 2018, Section 497 made adultery a criminal offence — but only for men. A married man who had sexual relations with another man's wife could be imprisoned for up to 5 years. The 2018 judgement struck down Section 497 as unconstitutional. An extra marital relationship between consenting adults is not a crime under Indian law today.
Key Legal Fact
Section 497 of the IPC (adultery as a criminal offence) was struck down in 2018. It no longer creates a criminal offence for consensual adult relationships. You cannot be arrested, prosecuted, or imprisoned for a consensual extra marital relationship in India.
What Is Still Relevant in Civil Law
While adultery is no longer criminal, it can still be cited in civil proceedings:
- Divorce: An extra marital affair can be cited as grounds for divorce under the Hindu Marriage Act, Special Marriage Act, or other personal laws.
- Alimony: Courts may consider extra marital conduct when determining maintenance and alimony.
- Custody: In some cases, conduct may be raised in custody proceedings, though courts prioritise the best interests of the child.
These are civil matters, not criminal ones. No one can be imprisoned or prosecuted by the state for an extra marital affair in India today.
How Shush Operates Within Indian Law
Shush is a platform for consenting adults operating fully within Indian law. It is designed for adults who choose to explore connections outside their primary relationship — a personal decision that Indian law respects as a matter of individual liberty since 2018.
Privacy Is Still Your Responsibility
While extra marital relationships are legal, discretion remains important — especially from a personal and civil law perspective. Shush's privacy features are designed to protect you in every scenario.