Question

legal memo adultery

Answer 1

More often than not the marital bonds are faced with the hard truth of life and instances of cheating. This not only affects the partner emotionally but has an impact on both the families as well. While the emotional loss and scars faced due to adultery may take a long time to heal, the Indian Penal Code treats it as an offense and has punishment prescribed for it. Let us discuss in detail everything you need to know about Adultery and punishment for it in the Indian Penal Code, 1860.

Section 497 of the Indian Penal Code

To put simply, Adultery as per the Indian Penal Code means a man having sexual intercourse with someone’s wife without the consent of her husband. The section states that whoever has sexual intercourse with a person who he knows or has a reason to believe to be the wife of another man and he still has sexual intercourse with her without her husband’s consent, and when such sexual intercourse is not amounting to Rape, it is said to be adultery.

It is important to note that the woman involved in the crime of adultery is not punishable even as an abettor to the crime. Only the man committing the crime of adultery is punishable. It is also interesting to note that every instance of sexual intercourse results to be adultery. However, sexual intercourse with an unmarried woman or widow is not treated as adultery. It also means that adultery is a crime against the husband and not the wife.

The crime of adultery is punishable under section 497 of the Indian Penal Code 1860 with imprisonment ranging up to five years which may or may not be combined with fine.

It is a non-cognizable, bailable and compoundable offense which is triable by a magistrate of the first class.

Essentials

From the above definition and explanations, following key points can be established as absolute essentials in the crime of adultery.

1. The accused had sexual intercourse with a woman;
2. Such woman was the wife of another person;
3. The accused knew, or he had reason to believe, that the said woman was the wife of another person; and
4. The said sexual intercourse was without the consent or connivance of that another person, meaning thereby the husband of the woman and complainant in the case.