Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Is s*x with married lady crime

Page no : 2

(Guest)
Originally posted by : Priya Ranjan

Hi Helping hand!,

Thanks a lot for a reply....  :)

I am saying on behalf of thet boy.

I wanted to know can that lady /or her husband prove this in the court of law after 1 year that they had s*x.

can they pull that boy to court on this ground.

Thanks,

Priya Ranjan

 


Ok. Got it.  


Boy had s*x with married woman, ie consented s*x.  Now getting scared that what will happen.


If there is evidence VDO recording, or one was watching while the whole thing was going, that person can give evidence, as it looks like a gang-bang kind of thing or can somebody please fcuk my wife kind of thing, I dont think that either the woman would want to go to court unless you are a la Sidarth Malya son of a billionaire.


On the other hand the husband of that woman can file for divorce based on adultery, remember, even here there should be solid proof, either you should agree that you had s*x with his wife and become a evidence and help him get divorce.


These are two possibilities.


The third possibility is ruled out, as there seems no concieving.


Either consensual or not, s*x with married woman can become a crime, as you never know how one could turn.


Same could also be said about a unmarried woman, consensual or not you might be in trouble, to prove whether if it was consensual or not will take a lot of time.


In the meanwhile charges of attempt to rape/rape can also be levelled against you.

1 Like

Priya Ranjan (SSME)     11 May 2013

Hi Helping Hand,

Thanks.... :)

That lady do not have anything you have mentioned .

no vdo clips,no pics,no recordings,nothing,no witness .

Can it be madically prooven that they had s*x ever??

Thanks,

Priya Ranjan

Vishal Srivastava (ADVOCATE)     11 May 2013

yes,it is crime under sec.497 of  I.PC.

Manish Udar (www.Mehnat.IN)     11 May 2013

why are you so worried? in the end nothing can be proved in this case. you try not to kill yourself with worry before she has made any complaint.

1 Like

Shantanu Wavhal (Worker)     11 May 2013

IPC 497 is non cognizible.

so unless & until there is a complaint filed, no action will be taken.


there is no end to filing false cases & complaints.


dont break your head now for the things the lady MAY DO SOMETIMES in future

think of crossing the bridge only when u come across one.

1 Like

Mango (Consultant)     11 May 2013

Priya Ranjan @ I hope this lady is not pregnant and the reason for asking is question is to decide who should be the idle father of this unborn baby!!! DNA report will reveal the actual facts...

 

Mango

 

1 Like

Shantanu Wavhal (Worker)     11 May 2013

also there is something called Malicious Prosecution.

the lady - if made aware of this provision, wont dare to file false case.

1 Like

Priya Ranjan (SSME)     11 May 2013

Hi Mango,

No lady is not pregnent.She had taken very good care for this.

 

Thanks,

Priya Ranjan

Gaurav (consultant)     11 May 2013

Is s*x with married lady crime=> Its FUN till the time you don't get trapped in IPC 497
 

Santosh Kumar Tiwari (advocate)     11 May 2013

yes,

as per section 497 of IPC, it is an offence although it may be done with consent .

Santosh Kumar Tiwari (advocate)     11 May 2013

The matter is not time barred, it is actually offence aginst the husband.

Harsh (Manager)     12 May 2013

@priya

first are you a girl or  a guy? by name im think you are a girl.

Priya Ranjan (SSME)     15 May 2013

Hi Harsh,

 

I am a guy.

 

Thanks,

Priya Ranjan

Dibakar Ray (Advocate.)     15 May 2013

Hi Priya Ranjan,

The husband can file complaint under section 497 of the Indian penal code for adultery against you.

The crime is never time barred and the same complaint can be filed against the boy even after long time and the same can be proved by circumstancial evidence and the lady also compalined against you.

Hope this is clear.

Regards,

 

1 Like

Ananya Gosain   24 August 2021

Adultery was a criminal offense under the Indian Penal Code until it was declared unconstitutional by the Supreme Court of India on 27 September 2018. Under Section 497 of the Indian Penal Code, a man who had consensual s*xual intercourse with the wife of another man without that husband's consent could have been punished for the offence of adultery with up to five years imprisonment, a fine or both. NOW IT IS UNCONSTITUTIONAL, HENCE, NOT A CRIME. 

The Supreme Court called the law unconstitutional because it treats a husband as the sole master and a wife as his commodity. However, it is still a sufficient ground for DIVORCE. 

The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional. 

Please refer to the link below for more insights-

https://www.npr.org/2018/09/27/652075778/women-are-not-chattel-says-india-s-supreme-court-in-striking-down-adultery-law


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register