Ipc 494 and 497

crusader (Querist) 01 March 2015 This query is : Resolved
Dear learned Seniors,

few doubts related to the above IPC sections:

1. If 494 could not be proved in the court of law, then does the judge has the discretion to pronounce his judgement under 497 even though the case is filed under 494 and not under 497.

2. What is the maximum punishment that can be given under 497, if the married man had intercourse with an unmarried girlfriend?

Thanks,
Law Enthusiast

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Dr V. Nageswara Rao (Expert) 02 March 2015
1. If a married man has intercourse with an unmarried girl-friend with her consent, it is not an offence at all.

2. The judge has the power to alter the charge and convict under correct section.

3. S.216, CrPC: Court may alter charge.-

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

M V Gupta (Expert) 02 March 2015
Agree with the opinion of Shri Rao.

Guest (Expert) 02 March 2015
Rightly advised.

Rajendra K Goyal (Expert) 02 March 2015
Judge can convict under correct section.
Section 497 reads:

497. Adultery.—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."