File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Laws On Adultery

Adultery

Section 497 of Indian penal code deals with offence of adultery

Adultery (497)

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.

Punishment
Imprisonment of either description for a term which may extend to five years , or with fine , or with both.

Note:

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