Overview: This Kanooni Dhara of the IPC punishes a man who commits adultery i.e. has consensual sexual intercourse with the wife of another man without his consent.
Ingredients of the Section: The following are the essentials of this section ;
1. A person must have
sexual intercourse with a woman who he knows or has reason to believe is
married to someone.
2. They should have sexual
intercourse without the consent of the husband of the woman
3. The sexual intercourse should not amount to rape
Punishment: Any person liable for an offence under this section shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall not be punishable as an abettor.
Composition under section 320 Cr.P.C: This section is listed under Compoundable Offences i.e. compromise or settlement can be entered into by the parties.
Decriminalization of the offence of adultery: A five-judge Constitution bench of the Supreme Court on 27
September 2018 unanimously struck down section 497 as unconstitutional and held
that adultery cannot be a criminal offence however it can be a ground for civil
issues like divorce.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Adultery | Imprisonment up to 5 years or fine or both. | Non-Cognizable | Bailable | Magistrate of the first class. |
| Offence | Adultery |
|---|---|
| Punishment | Imprisonment up to 5 years or fine or both. |
| Cognizance | Non-Cognizable |
| Bail | Bailable |
| Triable By | Magistrate of the first class. |
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