adultery


How is adultery defined by law? Is physical se*ual intercourse a must for this?

 
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Advocate

S.497 of IPC.     

Adultery –

            Whoever has s*xual 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 s*xual 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.

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advocate

mr. vishal is correct


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Does engaging in se*ually explicit talk / chat amout to adultery.

 
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Advocate

Not really but there are different sections prescribed under the penal code
Sent to : Sandeep on 01 July 2009
 
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Advocate

Dear Mr. Sandeep,  Mr. Vishal is perfectly right.  Engaging in se*ually explicit talk / chat will amount to adultery if it is with the consent of both and when male has the knowledge the the female is a wife of another.  It will further amount to ciber crime.  However, in such an offence, the aggrieved party is the husband of female or the wife of male involved in such an activity.  No other person can take action.

 
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Legal Consultant / Solicitor

 Definition given by Mr. Deepak is right

 
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Advocate & Legal Advisor

If the sme is done with the concern of the partner, will it attract the same punishment?

 
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service

Ans.Q1.

according to section 497 of indian penal code-1872 adultery is defined as under:"Whoever has s*xual 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 s*xual 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."

but in india a woman can`t be tried for the offence of adultery.

AnsQ.2..

Yes, s*xual intercourse is nesseary for the trail of any person under section 497 of indian penal code 1872. 


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Brings me to a larger question. Does oral s*x come under the definition of S*xual intercourse? Where does law stand in India on this?

 
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