Adultery and its punishment under IPC

More often than not the marital bonds are faced with the hard truth of life and instances of cheating. This not only affects the partner emotionally but has an impact on both the families as well. While the emotional loss and scars faced due to adultery may take a long time to heal, the Indian Penal Code treats it as an offense and has punishment prescribed for it. Let us discuss in detail everything you need to know about Adultery and punishment for it in the Indian Penal Code, 1860.

Section 497 of the Indian Penal Code

To put simply, Adultery as per the Indian Penal Code means a man having sexual intercourse with someone’s wife without the consent of her husband. The section states that whoever has sexual intercourse with a person who he knows or has a reason to believe to be the wife of another man and he still has sexual intercourse with her without her husband’s consent, and when such sexual intercourse is not amounting to Rape, it is said to be adultery.

It is important to note that the woman involved in the crime of adultery is not punishable even as an abettor to the crime. Only the man committing the crime of adultery is punishable. It is also interesting to note that every instance of sexual intercourse results to be adultery. However, sexual intercourse with an unmarried woman or widow is not treated as adultery. It also means that adultery is a crime against the husband and not the wife.

The crime of adultery is punishable under section 497 of the Indian Penal Code 1860 with imprisonment ranging up to five years which may or may not be combined with fine.

It is a non-cognizable, bailable and compoundable offense which is triable by a magistrate of the first class.

Essentials

From the above definition and explanations, following key points can be established as absolute essentials in the crime of adultery.

1. The accused had sexual intercourse with a woman;
2. Such woman was the wife of another person;
3. The accused knew, or he had reason to believe, that the said woman was the wife of another person; and
4. The said sexual intercourse was without the consent or connivance of that another person, meaning thereby the husband of the woman and complainant in the case.

Women are not punishable

As stated earlier, the offense of Adultery is an offense against the husband, and hence he can complain against the adultering man only. Women are not punishable under IPC for the crime of adultery even as abettors to the crime.

In the case of Sowmithri Vishnu v. Union of India, a four-judge bench headed by then CJI Y V Chandrachud while upholding Section 497 said, “It is commonly accepted that it is the man who is the seducer and not the woman. This position might have undergone some change over the years, but it is for the legislature to consider whether Section 497 should be amended appropriately so as to take note of the ‘transformation’ which the society has undergone.”

Recently, a three-judge bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y  Chandrachud  had accepted a PIL challenging the “gender discrimination” provision of section 497 and sought a response from the centre and all the states for their stand on this matter, and a revision might change the current situation.

Proof

It is also necessary to prove the validity and legitimacy of the marriage between the woman who was part of the adultery and her husband without any doubts. The same needs to be proven with solid evidence only then the accused can be convicted if proven guilty.

So this was about Adultery and its punishment. To keep updated with more such legal updates sign up on EasyAdvocacy today. Do like us on Facebook and follow us on Twitter, LinkedIn and Google+ to never miss an update.