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IPC, 1860
Start Practicing
IPCChapter XXSection 497
Section497

Adultery

AI Assist

Summary

Sexual intercourse by a man with a woman he knows or has reason to believe is another man’s wife, without that husband’s consent or connivance and where the act is not rape, is a criminal offence of adultery. The offender may be punished with up to five years imprisonment, a fine, or both. The wife is not punishable as an abettor.

Example

Ravi knowingly has sex with Meera, who is married to Karan, and Karan did not consent or connive to it. Because the act is not rape, Ravi would be guilty of adultery and may face up to five years in prison, a fine, or both. Meera would not be punishable as an abettor.

Bare Act

Enacted text

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.

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XX

Chapter XX

Of Offences Relating to Marriage

In this chapter

  • 493Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
  • 494Marrying again during lifetime of husband or wife
  • 495Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
  • 496Marriage ceremony fraudulently gone through without lawful marriage
  • 497Adultery
  • 498Enticing or taking away or detaining with criminal intent a married woman
Previous · Section 496Marriage ceremony fraudulently gone through without lawful marriageNext · Section 498Enticing or taking away or detaining with criminal intent a married woman