Whoever has sexual intercourse with s person who is an whom he knows or has a
reason to believe to be the wife of another man without the consent or
convenience that man such sexual intercourse not amounting to the offence of
rape is guilty of the offence of adultry and shall be punished with imprisonment
or either description for a term which may extend to 5 years or with fine or
with both.
In such case the wife shall not be punishable as an abettor.
Section 497 of IPC
was a section dealing with adultery only a man who has consensual sexual
intercourse with the wife of another man without his consent could have been
punished under this offence in India. The supreme Court called the law
unconstitutional because it treats the husband as the master.
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