IPC Section 497 — Adultery

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.

Related Judgments

• Crl.O.P.No.31316 of 2015 vs Subhankar Mukherjee — Madras High Court (2013)
• S.C.R. 765 JOSEPH SHINE v. UNION OF INDIA — Supreme Court of India (2018)
• SAVITA S/0 SHRI P.L. SAVITA v. UNION OF INDIA, MINISTRY OF DEFENCE — Supreme Court of India (S)
• V. REVATHI A v. UNION OF INDIA & ORS. FEBRUARY 25, 1988 IM.P. THAKKAR AND MUA — Supreme Court of India (1988)
• .. Petitioners vs 1.The State of Tamil Nadu — Madras High Court (2019)
• ...Petitioner vs 1.The Secretary to Government, — Madras High Court (2006)
• .. Sole Accused/Petitioner vs Yasodhai — Madras High Court (2006)
• .. Petitioner in O.P.335 of vs K.Vijay Rajesh Kumar, S/o P.Kaliappan .. Respondent in O.P.335 of 2 — Madras High Court (2019)

Old <-> New Code Mapping

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