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Bairavar   01 May 2016

Punishment for connivance for adultary case?

Hi experts,

Anyone can explain about the punishment fo connivance for Adultary case?

One of my friend cought in adultary case as accused, in fact he had s*xual relationship with another women. But the fact behind is...

1. His and the lady relationship was known to her husband during that time

2. He set camera and recorded video long back. After few times, my friend disconnect the relationship with her.

3. Afterwards she had s*xual relationship with another man also. That also her husband recorded video.

4. Finally after long time, wife and husband both filed adultary case on my friend and another man

5. They are (husband and wife) well planned to perform this and demanding money to withdraw the case.

6. My friend has proof that her husband knew that he and his wife had that relationship from starting onewards.

My question is, can my friend file a case on her husband that he never ever tried to stop that s*xual relatinoship in the basis of connivance act?

Is there any act like this? Even my friend did wrong thing, it is a planned criminal activitiy by that women and her husband. My friend was pushed into that due to some circumstances, but he is a good man, so I think to save my friend. Can anyone give me some idea to save from this adultary case?


 5 Replies

Advocate Ram Prasad (Chief Lawyer)     01 May 2016

So u say d fish eat d bait knowingly. But there was no compulsion for ur frd to fall for d lure. He voluntarily fallen into d trap. Burden now is on him to proove connivance of d other party. Try settlement.

Bairavar   01 May 2016

Yes sir, finally he has to do settlement if can not fight at certain point.

But looking a threat to go up now as can't correct past. Any idea/law to save to not go with settlement?

Note: Her brother also send her nude photos to my friend email id that showing the whole group is doing this as a work.

Any legal advice other than settlement?

Pawan S (Advocate)     02 May 2016

  • Why didn't you try to prove connivance in the trial itself, if you have so much evidence.
  • Let me know their ground for denying the bail.
  • If your friend was caught in adultery, and as per your statement, he is INNOCANT, then file an appeal.


adv.raghavan (Advocate,9444674980)     05 May 2016

Without going into merits of the case and as per your version, If it is one off case , allegation of  adultery can be tried, but it looks like a pattern, they(husband and wife ) have to prove lot of points, beyond all reasonable doubt, looks very weak case for prosecution. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 May 2016

Section 497 of IPC reads thus:

Whoever has s*xual intercourse who is or 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

From the narration of the case clearly there is connivance of the husband. Hence Section 497 will not apply. Action can be taken against the couple for blackmail. But evidence will be required. The best thing would be not to succumb to blackmail. Both the victims should jointly fight the case as there is a pattern. The fact that they have filed case could itself be evidence of blackmail. Or create evidence of their demanding money.  In cases of adultery more than the punishment the victims will be afraid of bad publicity.

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