As INTRODUCED IN LOK SABHA

Bill No. 272 of 2017

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2017

By
SHRI JAGDAMBIKA PAL, M.P.
A

BILL
further to amend the Indian Penal Code, 1860.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2017. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
5 in the Official Gazette, appoint.
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Substitution of 2. For section 497 of the Indian Penal Code, 1860, the following section shall be 45 of 1860.
new section substituted, namely:—
for section
497.

Adultery. "497. Whoever has sexual intercourse with a person who is and whom he knows or has
reason to believe to be spouse of another person, such sexual intercourse not amounting to
the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment 5
of either description for a term which may extend to five years, or with fine, or with both.".
 STATEMENT OF OBJECTS AND REASONS
The object of section 497 of Indian Penal Code, 1860, is to preserve the sanctity of the
marriage as the society abhors marital infidelity. Since the offence of adultery can be committed
by a man with a married woman only, the wife of a man having sexual intercourse with other
unmarried women cannot prosecute either her husband or his adulteress. This section does
not penalize the sexual intercourse of a married man with an unmarried woman or a widow or
even a married woman when her husband consents to it. The offence of adultery is, an
offence committed against the husband of the wife and not against the wife.
It draws a distinction between consent given by a married woman without her husband's
consent and a consent given by an unmarried woman. Thus, there is no doubt then that this
section treats a woman like a man's chattel.
Further, it is interesting here that the section itself expressly states that the unfaithful
wife cannot be punished even as an abettor to the crime. Thus in case the offence of
adultery is committed, the husband cannot prosecute his unfaithful wife but can only
prosecute her adulterer.
The Bill, therefore, seeks to amend the Indian Penal Code, 1860 with a view to include
the unfaithful spouse and adulterer irrespective of their gender within the ambit of the
offence of adultery.
Hence this Bill.

NEW DELHI; JAGDAMBIKA PAL

November 27, 2017.

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 ANNEXURE
EXTRACT FROM THE INDIAN PENAL CODE, 1860
(45 OF 1860)
* * * * *
Adultery. 497. 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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 LOK SABHA

—————

BILL
further to amend the Indian Penal Code, 1860.

—————

(Shri Jagdambika Pal, M.P.)

GMGIPMRND—2681LS(S3)—21-12-2017.