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Author Topic: Section 497, IPC - Adultery  (Read 2978 times)

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Offline advamrita

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Section 497, IPC - Adultery
« on: May 17, 2012, 04:35:06 AM »
Section 497, I.P.C. states, “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

Adultery, thus, is an offence committed by a person by having sexual intercourse with a married woman without the consent and connivance of the husband of that woman. For the offence of adultery, it is essential that,
(i) there must be a sexual intercourse by a man with the wife of another man;

(ii) the person must have the knowledge or reason to believe that the woman is the wife of another man;

(iii) such sexual intercourse must be without the consent or connivance of the husband; and

(iv) such sexual intercourse must not amount to rape. Therefore, a sexual intercourse by a man with a married woman whose husband has given consent to such intercourse does not come within the sweep of S. 497, I.P.C.

 

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