Adultery
Aman Afghani
(Querist) 17 December 2011
This query is : Resolved
IS THERE ANY PUNISHMENT FOR WOMAN IN ADULTERY
Devajyoti Barman
(Expert) 17 December 2011
Under section 497 IPC, it is only the male who is liable to be punished, not the woman.
See this latest decision-
CRIMINAL APPEAL NO. 2232 OF 2011
(ARISING OUT OF SLP (CRIMINAL) NO.648 OF 2010)
W.KALYANI ....APPELLANT
VERSUS
STATE TR.INSPECTOR OF POLICE & ANR. ...RESPONDENTS
WITH
SPECIAL LEAVE PETITION (CRIMINAL) NO.3856 OF 2010
Read more: http://acelegalconsultants.webnode.com/news/the-statutory-loophole-supreme-court-has-refused-again-to-punish-the-woman-for-committing-adultery-/
V R SHROFF
(Expert) 17 December 2011
NO.
ONLY MAN IS PUNISHED
Advocate. Arunagiri
(Expert) 17 December 2011
Adultery is not meant only for men.
In these types of cases, it is very tough to prove the offense.
Guest
(Expert) 17 December 2011
Adultory is adultory, whether on the part of a man or woman. I agree with Shri Arunagiri.
R.Ramachandran
(Expert) 17 December 2011
Dear Mr. Dhingra,
You cannot be so simplistic as far as the penal provision is concerned by saying that "adultory is adultory, whether on the part of a man or woman".
Please see the Section 497 IPC which deals with Adultery – Sec. 497 provides that "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."
To attract the charge of adultery the following ingredients are must:
1. the woman must be a wife of a person;
2. the man indulging in adultery should have committed the offence knowing that she is the wife of another man; or he should have reason to believe her to be so;
3. In committing the said act, there should not be consent or connivance of the husband of that woman concerned.
The woman will not be punished.
Advocate. Arunagiri
(Expert) 17 December 2011
We can allege adultery on the wife, but, we can not punish her, that is what the law says.
But, adultery is aground for divorce, if the offense is proved.
The immunity granted to women from being prosecuted under section 497 was not discriminatory but valid under Article 15 (3) of the Constitution.
The Report of the Malimath Committee on Criminal Justice Reforms and the 42nd Report of the Law Commission of India recommended redefining Section 497 to make women also punishable for adultery. The Central Government accordingly has sought the views of all the 30 states in the country regarding the implementation of the said recommendations.
Guest
(Expert) 17 December 2011
@ Ramachandran,
Thanks for providing clarification. About your comments on my being simplistic, I don't think anyone can say that adultory is committed only by a man, not by a woman. But, probably you have not seen that along with my statement, I showed my agreement with Mr. Arunagiri's opinion also.
Law may be one sided, but adultory cannot be one sided. Both of a man and a woman, unless it is a rape case, are equally responsible for adultory. That is another thing if sec.497 provides for booking of only the man.
Even if divorce is to be sought on the ground of adultory on the part of a woman, that depends on the sweet will of husband to seek or not (cannot be enforced automatically), but not a punishment, which the qerist sought to know.
Shonee Kapoor
(Expert) 17 December 2011
NO
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 17 December 2011
"IS THERE ANY PUNISHMENT FOR WOMAN IN ADULTERY"
Question is clear:
Let reply be limited to YES or NO
Let IPC speak Why should we speak???
Dr V. Nageswara Rao
(Expert) 18 December 2011
1. Of course, it is true that adultery is committed by two consenting persons---the man and the woman married to some other man. As Supreme Court pointed out in Sowmithri Vishnu caes, the concept of adltultery is wider in Civil law than in Criminal law. In civil law, adultery is a matrimonial wrong which is a ground for divorce by both the husband of the woman and the adulteror's wife. But, in criminal law, it is an offence under IPC but only the man is punishable and not the woman.
2.To say that woman is guilty of the offence of adultery but not punishable is a contradiction in terms.But woman is excused as the law assumes that it is the man who instigates the woman and is the culprit!!!
