indian penal code
s.s.m.rajan
(Querist) 16 June 2010
This query is : Resolved
ingredient for section 497 and 498A of IPC
A V Vishal
(Expert) 16 June 2010
Section 497 of the Indian Penal Code (IPC) perceives a consensual sexual intercourse between a man, married or unmarried, and a married woman without the consent or connivance of her husband as an offence of "adultery". A sexual link between a married or unmarried man and an unmarried woman or a divorcee or a widow, therefore, does not come within the ambit of "adultery". It also holds the man and not the (adulteress) "wife" of another man, who has been unfaithful to her husband, solely responsible for the sexual liaison. IPC, it seems, views "adultery" as an invasion of the right of the husband over his wife and therefore puts it under Chapter XX: "Of Offences Relating to Marriage".
The problem of proving adultery created what is called the disposition and opportunity rule. This rule held a presumption of adultery if it could be shown that the two people in question had an adulterous disposition and had the opportunity to commit adultery.
A V Vishal
(Expert) 16 June 2010
498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]
Raj Kumar Makkad
(Expert) 16 June 2010
I think your query has duly been resolved but there was no question raised by you. The provisions are available in books.
G. ARAVINTHAN
(Expert) 17 June 2010
497 - Adultery - Having illegal relationship with other opposite sex during existence of marriage with spouse
498 A- Dowry harassment
