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supabcdefgh (teacher)     08 August 2011

Is adultry crime?

Section-497- 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 descripttion 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.”

Section-498- Enticing or taking away or detaining with criminal intent a married woman “Whoever takes or entices any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both”.

Both explicitly tries to defend the right of other partner.

My questions:

Is adultry crime if Adultry is done with concent with all concerned people?



 9 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005     08 August 2011

if it is with consent then who will raise qustion of adultry? coz only husband has right to raise this question.

As such it is not an offence till spouse of the victim raise this question.

Good luck

2 Like

Saurabh..V (Law Consultant)     08 August 2011



I'm of the view that this is only a provision for name sake. Who can prove adultry unless there is a video or audio evidence (which has so less chance of obtaining).




VIRENDER MUDGIL (STUDENT)     08 August 2011

Can anybody explain the fact(reason) behind the act of not considering the wife as an abettor in the crime of adultry. why the women are being given unnecessary immunities like such?


I think because only males have the right to go to jail ;D

VIRENDER MUDGIL (STUDENT)     08 August 2011

Adultry is not crime if it is done with the consent of the husband.

supabcdefgh (teacher)     09 August 2011

You mean to  say that

a) If a man commits adultry and wife complains, man gets jail.

b) If woman commits adultry, man can divorce but no punishment on her..

Similar note:

Woman can use their way of abuse :

Mental, touch me not, abusive language, degradery language.. no crime.. can divorce only..

For many, even these will be crime, and generally when man goes through this if some time he hits back it is worst case.

Am I wrong?

I think equality is what we should fight for.

1 Like

Advocate Sachdev Bishnoi (self)     09 August 2011

Adultery is crime when done by the male partner and not the crime when done by female partner and it is the ground for divorce for the male and female partner and it must be proved first and not by simply saying the partner is indulged in adultery

Dipangkar (Business)     10 August 2011

Who made the Bull sh*ts Indian Laws ?? B. R. Ambedkar ---- Chairman of the Constitution Drafting Committee ???

Here is he himself------------------>


Quoting :Wikipedia


In 1907, he passed his matriculation examination and entered the University of Bombay, becoming one of the first persons of untouchable origin to enter a college in India. Ambedkar's marriage had been arranged the previous year as per Hindu custom, to Ramabai, a nine-year old girl from Dapoli.

By 1912, he obtained his degree in economics and political science from Bombay University, and prepared to take up employment with the Baroda state government. His wife gave birth to his first son, Yashwant, in the same year.


Ramabai --- Marriage at 9, Mother at 14 ???

Hmm.. these peoples made the Indian Laws ??? No wonder we are always facing problems.....


Dipangkar (Business)     10 August 2011

One thing i want to know is,

If a Man Divorce his wife on Adultery (Cruelity) ground, then does he still have to pay her maintainence, accorfing to law ?????

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