Skip to main content

Adultery no longer a criminal offense in India, but it doesn't mean you are allowed to cheat on your spouse

Declaring adultery as no more an criminal offence by the Supreme Court leads some people to worry about sanctity of marriage. The Supreme Court of India struck down section 497 IPC as unconstitutional. Section 497 of the Indian Penal Code deals with law of adultery. which states that "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and 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 case the wife shall not be punishable as an abettor."

Section 497 IPC doesn't bring within its purview the extramarital relationship of a man with an unmarried woman, widow or a divorcee. According to section 497 adultery means voluntary sexual intercourse between a married person and a married woman who is not his wife and without the consent of her husband. But if the husband of that married woman gives consent to that act,  it will not amount to any crime according to section 497.

Section 497 makes adultery a punishable offence only for male. The married man involved in adultery may be punished for imprisonment which may extend to five years or with fine or with both. But there is no punishment suggested for the married woman involved in adultery.

As per section 497 the wife of the married man who had involved in adultry with another married woman cannot file complain as the law didn't made any provision for her. Only the husband of the married woman involved in adultery with another man can file a complaint against that man. So it was a law for man against man.

However adultery will remain as a ground for divorce. Adultery is a ground of divorce according to Hindu Marriage Act.  According to section 13(1)(a)  of Hindu Marriage Act, 1955 a marriage can be dissolved by a decree of divorce on the ground that the other party had voluntary sexual intercourse with any person other than his or her spouse after the marriage.

So Adultery or extramarital affair may not be a criminal offence but it will remain as a civil wrong in India and both husband or wife can file a  decree for divorce on the ground of adultery.


  1. Oh jeeze! Interesting. I have to say, I am glad I do not live in India.


Post a Comment

Popular posts from this blog

My Visit to Chalapathar Shyam Gaon : a Hundred and Fifty years old Village

Have you ever visited any Indian village.  The soul of India lives in its villages.  So if you haven't seen any Indian village,  you haven't seen India. Well India has nearly 6.5 lakh villages and  about 60% of the Indian population lives in villages.  In Assam alone there are 2489 village panchayats covering about 26249 villages. Villages of upper Assam  may not be as similar to those of lower Assam. There are differences in geographical environments, cultures, traditions etc. Yet in spite of various differences, India is a country of unity in diversity.

Today's generation kids like to visit amusement parks or to attend any summer camps during their school summer vacations.  But in our time visiting grandma's house was every child's favourite destination during summer vacations. I too visited either my maternal grandmother's house or paternal grandmother's house during summer vacations together with my parents and my younger brother, in the late eightie…

A Blind Date with the World #TheBlindList #SayYesToTheWorld

A blind date with the WorldThat's what my wanderings feet is searching for right now

The world is so beautiful and there are so many amazing places around the globe to see. The world  is full of wonderful places, from majestic waterfalls to sea beaches , from lost cities to mysterious landmarks. These things always fascinated every travelers. Travelling is always fun as more you see the world the more you fall in love with it. People travel to explore. People always travel to those places which they found beautiful and under their budget by searching on the net.  So every people have their own bucket list of places to accomplish during their lifetime.
But would you go on a trip to an unknown destination?  what about going for a blind date with the World. 

Yes! a blind date.
A blind date with the world means visiting an unknown destination and to explore that corner of the world which is untouched. You just pack up your bags and take your car, your bus,  your train, your flight or j…

When do you need a LAWYER ? A Checklist

When do you need a lawyer  ?
A checklist 

People have misconception that hiring a lawyer can be a pretty much expensive. So they do try to solve out some legal issues themselves without hiring a lawyer. But without proper knowledge of law they lost in the middle.  A lawyer is a person who is licensed to practice law and whose duty is to uphold the law while protecting the rights of his clients. Not every situation needs a lawyer but in some particular cases you need to hire a lawyer. Here is a  checklist one must know when the question of hiring a lawyer arise.

1. At the time of buying a landed property.  It is difficult for a  buyer to know all the legal aspects before buying a property. A lawyer can better guide you. As you have to take out necessary permissions from concerned authorities,  a lawyer will better help you in taking out those permissions and registering that property.
To know few important things before buying a property in India Click here

2. If you have been arrested for…