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.
The combination of words ‘offence of adultery’ defined here and ‘punishment’ also fixed by this act here.
Whoever has s*xual intercourse with a person
By the word ‘whoever’ and by the word ‘with a person’- the act intentionally want to say that the act is gender neutral under art 15(1). But the next line shows the real face of the act.
‘intercourse with a person’ – means intercourse with a person who is wife of another man, means the said intercourse is done by a person,
(a) not with a man,
(b) not with a woman,
(c) but with a wife.
who is and whom he knows or has reason to believe to be the wife of another man
‘wife of another man’ – by this word, the act tells that, the male did intercourse with such a woman who is known to him as wife of another man.
The word “wife”, denotes here, a person, who is female by gender and such a female who is a sub category of women. The word 'wife’ does not mean the whole of women. It is a category within a category. A “category within a category” is not allowed by the Supreme Court and also there is no such constitutional provision also. Hence it is unconstitutional.
Here I wants to inform all the concerned that, the same explanation, applicable to the word ‘wife’ under the so called famous sec 498a of IPC.
without the consent or connivance of that man,
which means that, the same intercourse is allowed/ legal act/not an illegal act, if husband consented or connivance. Thus, this act has no relation with morality, on the contrary this act makes a husband the sole proprietor, of his wife’s body. Surprising!
such s*xual intercourse not amounting to the offence of rape,
this line clearly indicates that the said woman, had the full consent on the s*xual intercourse with the male, whom she knows that, he is not her husband.
is guilty of the offence of adultery,
The above is the definition of – ‘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
Punishment for the offence of adultery confirmed here.
In such case the wife shall not be punishable as an abettor.
Under the IPC, the said wife must be charged, under sec 497 & sec 120b and some other section of IPC may be applicable. But this line of the act, keep the one respondent out of touch of the punishment.
‘Why it is such? Why a male offender will be punished by five years of jail, or with fine, or with both, when the counterpart/co partner of the offence, will be left as not guilty of the offence?
This question raised several times, but the Supreme Court and High courts failed to answer appropriately.