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What is the legal definition of adultery in India?


Date: 18 Sep 2016    Group: Lawyers    Category: Indian Law   

What is the legal definition of adultery in India? Is it true that there is a gender bias in this law? What is the quantum of punishment provided under the India law for the people found guilty of committing the crime of adultery? Also, which section of IPC apply in such cases?
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Author: NK SHARMA    19 Sep 2016      Member Level: Gold     Points : 4  (Rs 4)    Voting Score: 0

Adultery is the sexual relationship of a man with a married woman. In this case both are involved in the sexual crime but according to law only man is at fault and he can be sued and will get jail/punishment. The woman is considered that she has not committed any offence hence can not be arrested, trialed, punished. She(married woman) has the freedom extra marital affairs.
Section 497 of IPC deals with Adultery.—man has sexual intercourse with a woman 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 for a term which may extend to five years, or with fine, or with both.



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Author: Mahesh    19 Sep 2016      Member Level: Gold     Points : 1  (Rs 1)    Voting Score: 0

The adultery law as per the IPC are male centric and that means in either case the male person gets the punishment. For example if the adultery is committed by the male and reported by the wife then as per the IPC the male gets the punishment. Also if in relationship if woman commits adultery with another man, and if husband reports for this then wife can't be hold accountable but the person in that extra marital affair gets the punishment. So in short as per the IPC definition, married man having an affair with another woman. Or any man having affair with a married woman is considered as an adultery and only man in this act is punished.


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Author: Partha Kansabanik    19 Sep 2016      Member Level: Diamond     Points : 2  (Rs 2)    Voting Score: 0

Adultery can be defined as voluntary sexual relationship between a man and a woman who are not partners and when one or both is/are legally married to other(s). Adultery is considered as a mistreatment of married relationship and it is sufficient ground for divorce.

Section 497 of Indian Penal Code deals with adultery.



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Author: gsadhiks    23 Sep 2016      Member Level: Silver     Points : 1  (Rs 1)    Voting Score: 0

Anybody has sexual contact with a person whether he knows or he /she doesn't know, or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual relationship not amounting to the offence of rape, is guilty of the offence of adultery, This comes Under Section 497 of the Indian Penal Code.
In the same way adultery offence can be said in another way also that any school going child or under 18 girls are molested or whether any dowry case or brutally beaten by men etc. actually crime can be done any where anytime. There is no proper legal definition of adultery



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