IPC Section 497 — Adultery

offences relating to marriage

Family / Personal Law

Punishment

Imprisonment up to 5 years, or fine, or both

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both”

Summary

A man commits adultery if he has sex with a woman who he knows or has reason to believe is married to another man, and he does so without that husband's consent or knowledge. This law only applies if the act does not amount to rape. The punishment for this offence can be imprisonment for up to five years, a fine, or both. The married woman involved in such an act is not punished as someone who helped commit the offence.

Official 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.

Referred to by

CrPC §198 — Prosecution for offences against marriage

Related Judgments

JOSEPH SHINE vs UNION OF INDIA — Supreme Court of India (2018)
SMT. SOWMITHRI VISHNU vs UNION OF INDIA & ANR — Supreme Court of India (1985)
Ramchandra Laxman Kamble vs Shobha Ramchandra Kamble And Anr — Bombay High Court (Mumbai Principal Seat) (2018)
Deepak Prem Mirwani vs 1. The State of Maharashtra and ors — Bombay High Court (Mumbai Principal Seat) (2011)
YUSUF ABDUL AZIZ vs THE STATE OF BOMBAY AND HUSSEINBHOY LALJEE — Supreme Court of India (1954)
URMILA DEVI vs YUDHVIR SINGH — Supreme Court of India (2013)

Old <-> New Code Mapping

BNS §83 — Marriage ceremony fraudulently gone through without lawful marriage