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Sandeep (Business)     01 July 2009

Adultery

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



Learning

 14 Replies

A V Vishal (Advocate)     01 July 2009

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.
1 Like

prabhu selvarasu (advocate)     01 July 2009

mr. vishal is correct

1 Like

Sandeep (Business)     01 July 2009

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

A V Vishal (Advocate)     01 July 2009

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

Adv. Deepak (Advocate)     01 July 2009

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.

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 July 2009

 Definition given by Mr. Deepak is right

Asgher Mahdi (Advocate & Legal Advisor)     02 July 2009

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

anshu shekhar (service)     02 July 2009

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. 

1 Like

Sandeep (Business)     02 July 2009

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?

Sandeep (Business)     02 July 2009

Another thought -- In our country now consensual s*x between gay adults is allowed but between heteros*xual consenting adults is branded as adultery.

Adv. Deepak (Advocate)     02 July 2009

Dear Mr. Sandeep, it will be covered under S.377 of IPC, unnatural offences.

Sandeep (Business)     03 July 2009

now Oral s*x and anal s*x have been allowed for gays. Time oral is allowed for hetero couples.

ADV.PRASAD (property, family)     21 July 2009

ADULTERY-Adultery means voluntary s*xual intercourse of a married person other than with spouse.The legal definition of adultery however varies from country to country and statute to statute. While at many places adultery is when a woman has voluntary s*xual intercourse with a person other than her husband, at other places adultery is when a woman has voluntary s*xual intercourse with a third person without her husband’s consent.In India the offence of adultery is punishable under Section 497 of the Indian Penal Code (IPC), 1860.

1 Like

InSearchJustice   23 September 2010

Please suggest about divorce, maintenance and case of adultery as per the following facts of a case, 

  1. Wife has voluntary s*xual intercourse with a person other than her husband.
  2. She confessed the same before her husband verbally and on a plain paper in writing.
  3. She confessed the same and willing to live separately from her husband before her parents and Panchayat and documented all on a stamp paper also.

Q1. Are all the facts and documentry proofs of confession sufficient for divorce?

Q2. Whats the scope of any maintenance either in mutual sepration, mutual-consent divorce etc?

Q.3. Can the husband pursue the case of adultery against that OTHER PERSON?


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