Section 497 of Indian penal code deals with offence of adultery
When a man does sexual intercourse with a women, whom he has knowledge and
reason to believe to be wife of another man , without the consent or connivance
of her husband . Such sexual intercourse not amounting to the Rape , is guilty
of the offence of adultery .
Essential Element Of Adultery
- Sexual intercourse must be committed with the wife of another man.
- The person must have knowledge or has reason to believe that the women
is wife of another man.
- Without the consent or connivance of her husband.
- Such sexual intercourse must not amount not rape.
- Consent or willingness of women is not excuse to the crime of adultery.
Imprisonment of either description for a term which may extend to five years ,
or with fine , or with both.
In case: Joseph Shine vs Union Of India
Supreme Court Declared That Section 497 Is Unconstitutional And Adultery Is Not
A Penal Offence .
Written By: Abhishek Tripathi