INDIA UPDATE

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KNOW YOUR LAWS : Indian Penal Code (1860), Section 497, Adultery


Section 497 of the Indian Penal Code is one of two sections designed to protect men from other men. Section 380 protects his goods and chattels, while Section 497 protects his wife.

Punishment for adultery is imprisonment up to five years. Given that the legal process usually takes twenty to twenty five years, it is likely that by the time you emerge from jail, you will no longer be able to get it up. Therefore, men planning to indulge in sexual congress outside of marriage are urged to consider the following.

a) It is only adultery if the said congress occurs without the permission of the husband. Hence, in order to avoid a jail sentence, it’s better to take written consent from him. This makes it legal.

b) It is not adultery if a married man has congress with an unmarried woman or a widow. In such cases, no penalty applies.

c) In case the matter is urgent, and it becomes essential to have sex with a married woman, try to make sure that the said sex is non-consensual. This does not qualify as adultery.

What can a man do if his wife has been bonked by someone else? The law is very clear on this point. He can prosecute the man, or men, as the case may be. However, he cannot prosecute his wife, even if she does it repeatedly, in his presence, in front of television cameras, with multiple partners, individually or simultaneously.

Which brings us to the good news for women. Women cannot be prosecuted for adultery in India. So go for it, ladies. This is one of the few laws which actually favours you. You might as well make the most of it.

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14 comments on “KNOW YOUR LAWS : Indian Penal Code (1860), Section 497, Adultery

  1. walkerjay
    September 26, 2012

    Indian National Congress and adulteration are made for each other,
    Khaki-cheddi-wearing BJP too, right?

  2. Barb Drummond
    September 27, 2012

    Looks like the best way for a woman to get revenge on a man she doesnt like – forget the sex, this is witch hunt territory.

  3. Navin Mathew
    October 3, 2012

    Hitting the sweet spot, over and over again. Married men are screwed if this post gets around.

  4. umashankar
    October 3, 2012

    Wish you had slso made available a proforma application of point (a)!

  5. anupam patra
    October 3, 2012

    It was on these grounds that Section 497 was challenged in the Supreme Court as being a bad law. (In the case of Sowmithri Vishnu Vs. Union of India & Another (1985) ) But the Supreme Court could not strike it down & observed that the law was for the Parliament to take into account and modify it accordingly. And the matter has remained as it was, till date.

    A fresh challenge before the Supreme Court with latest statistics may have a different result this time.

    • shovonc
      October 4, 2012

      I live in hope of the day when I’ll have less material for comedy.

  6. TTT
    October 4, 2012

    ha ha ha …dunno what to say … seems to be a kind of joke …

  7. Prasad N (@DesiTraveler)
    October 4, 2012

    funny as well as thought provoking simultaneously… get a written consent..was the best part…

  8. Puneet Batish
    December 31, 2012

    Nice post.. I hope article below would benefit your readers as well.
    Indian Penal Code 1860 – भारतीय दण्ड संहिता, (Act No.45 of 1860) India posted on Geek Upd8 – Law Reporter thanks to Advocate Lekhraj Sharma (Former Chairman, Bar Council Punjab & Haryana) – http://g8.geekupd8.com/IPC

  9. butimbeautiful
    May 29, 2013

    So – have fun, get a whole lot of men locked up for it. Hard to resist, really!

  10. Jeevan
    August 1, 2013

    Both Husband & Wife should be punished for five years term jail if proved adultery in the court i.e if married women has relation with other married man than both should be punished if their relation are for more than six months or so because this is cheating by she with his legal husband who have trust on her.
    according to me it is criminal offence

  11. spanda
    October 14, 2013

    it can be crime. but why the reason women is not punished? if its extramarital relationship why is that so? is that only sex or what? why do men need that woman and why that woman needed that man? mostly men do get attracted to women physically and in the name of love they use women. but women long for love .true love . they cheat themselves believing that other men’s is true love. funny part is the mens true face tears up when they find there is no such thing as love at all.

    • Vikram
      October 31, 2013

      I too believe that both men & women should be punished for breach of trust as there is lot of law now a days to women, so why only men should suffer for breach of trust with his wife, in return if wife breach the trust of a man she should also be punished in the same manner as men, and it should be taken serious matter as both suffers from mental problem and this could lead to suicide attempt by sufferer

  12. Aditi
    November 2, 2013

    Yes I support the thinking of Mr. VIKRAM as any one whether men or women both should be punished for adultery as sufferer face mental problem for the breach of trust it is very common for a women as men is attracted with other women but if women does this than it is very hard for a men to believe this and face such a kind of problem.

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This entry was posted on September 26, 2012 by in Know Your Laws and tagged , , , , , , , , .

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