Extramarital sex is not a criminal offence in India anymore. The countrys supreme court today (Sept. 27) struck down a colonial-era law that prescribed a maximum imprisonment of five years to men for adultery. However, the offence still remains a valid ground for divorce.

Can you go to jail for adultery in India?

In September 2018, the Supreme Court unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men. In September 2018, the Supreme Court unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men.