i

A PROJECT REPORT ON

ADULTERY AND INDIAN LAW

Submitted in the partial fulfillment of the requirement for the award of the
Degree of Bachelor of Legislative Law (LLB)

SUBMITTED BY – NEHA SACHDEVA

COURSE – LLB (3 YEARS)

SECTION - B

SEMESTER – 2

ENROLLMENT NO. – A3256119078

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DECLARATION BY THE CANDIDATE

The undersigned solemnly declare that the project report ADULTERY AND
THE INDIAN LAW is based on my work carried out during our study under the
supervision of my Mentor Mr. Vikas Gupta, Lecturer and Research Supervisor,
Department of Law submitted to Amity Law School, Amity University, Noida

I assert the statements made and conclusions drawn are an outcome of my

research work. I further certify that

I. The work contained in the report is original and has been done by me
under the general supervision of my supervisor.
II. The work has not been submitted to any other Institution for any other
degree/diploma/certificate in this university or any other University of
India or abroad.
III. We have followed the guidelines provided by the university in writing
the report.
IV. Whenever we have used materials (data, theoretical analysis, and text)
from other sources, we have given due credit to them in the text of the
report and giving their details in the references

NAME- Neha Sachdeva

ENROLLMENT NO. - A3256119078
 iii

Certificate by the Supervisor

This is to certify that the work entitled “Women’s right in parental &
Husband’s property: A legal comparative analysis” is a piece of summer
project report done by Neha Sachdeva under my guidance and supervision for
the degree of (LLB) from School of law, Amity University, Noida.

To the best of my knowledge and belief the thesis:

1. Embodies the work done by the student;

2. Has duly been completed;
3. Fulfills the requirements of the guidelines relating to the LLB degree of
the university.
4. It Is up to the standard both in respect of contents and language for referred
to the examiner.

Faculty Name: Dr. Vikas Gupta

 iv

Certificate
This is to certify that the project titled Adultery and Indian Law is an academic
work done by Neha Sachdeva, ENROLLMENT ID: A3256119178 submitted
in the partial fulfillment of the requirement for the award of the Degree of LLB
from Amity University, Noida. It has been completed under the guidance of
Dr. Vikas Gupta. The authenticity of the project work will be examined by the
viva examiner which includes data verification, checking duplicity of
information , etc . and it may get rejected due to the nonfulfillment of quality
standards set by the Institute.

DR. ATUL CHAUHAN

PRESIDENT
 v

ACKNOWLEDGMENT

I am highly indebted to Mr. Vikas Gupta sir, my faculty guide for his
guidance and constant supervision as well as for providing necessary
information regarding the project and also for the support in
completing the project.

I would like to express my gratitude towards my parents and my

fellows for their kind cooperation and encouragement which help me
in completion of this project.

I would like to express my special gratitude and thanks to individuals

for giving me such attention and time and who have willingly helped
me out with their abilities.

I have taken efforts in this project. However, it would not have

possible without the kind support and help of many individuals. I
would like to extend my sincere thanks to all of them.
 vi

INDEX

s.no Table of contents Page

no.
Preface i-vii
1 Introduction 1-3
1.1 Indian Penal Code
1.2 Code of Criminal Procedure

2 Research Methodology 4
3 Analysis of Contents 4-7
3.1 Sexual Intercourse
3.2 Women should be married
3.3 Knowledge
3.4 Consent of the husband
3.5 Should not constitute rape

4 Defenses Available to accused 8

5 Burden of proof 8
6 Historical Analysis 9-11
7 Non-Monogamy, Infidelity & Adultery 12
8 Religious Perspective & Legal sanctions 13
9 Distinction b/w Sec 497 & 498 13
10 Constitutional Validity of Sec 497 IPC 14
11 Discussion 15
12 Statistical Analysis on Adultery 16-18
13 Related cases 19-20
14 Conclusion 21
15 References 22
 vii

ABSTRACT

Adultery shows the conflict between social pressure and the individual struggle
for happiness. Adulters have been suffering because of public disapproval of
them. In India, adultery is charged under Section 497 IPC. As per the criminal
law in India, the crime of adultery is directed only to the 'emancipator' who has
violated the sanctity of the marital home where the foreigner is a man. So it is
similar to gender-based discrimination in the law. In our view, the continuation
of this law in our day, calls for many changes and amendments. Adultery,
previous public complaints, in all but one of the few cases is that the square
measure deals with the problems that arise due to rapid changes in people's
thinking, especially in the case of India wherever the latter view is no longer
thought of as important as used in the past. free love or in different words -
"Broken bed break" related attack on the right of the man above his old wife,
almost reflecting the same motive after the good war "Ramayana" started after
Sita's abduction by Ravana and Sita had to go to 'Agnipariksha' to prove his
innocence. But after seeing today's society, we experience a radical change that
returns or just expects to impact on the moral values of giving. to contribute to
this issue, a gift study was organized at the four centers with each concrete base.
the effects of attention recognition are evident wherever we acquire clear
understanding, rational ideas, related ideas, and strong desires about gift law
reform and public regulation. Tho 'is also a snowball dream, however, this study
shows the need for a rethinking of free love and its social control.
 1

1. INTRODUCTION

Adultery means engaging in voluntary sex outside of marriage. The legal definition
of adultery but varies from country to country according to principle. An adulterer
is a married man who has sex with a woman other than his wife, or a man who sleeps
with another man's wife when the adulterer commits adultery with the woman. The
word 'adultery' is derived from the Latin word 'wife' and is defined as a consensual
sexual relationship between a married woman and a person other than her partner.
Almost all the religions of various countries have rejected this method. The Indian
penal code also recognizes that adultery is a crime and a punishment.

Section 497 of the Indian penal code, 1872 outlines adultery. Say, Anyone who has
sex with someone they know or has reason to believe is another man's wife, without
the consent or connection of that man, those sex objects that are not the crime of
rape, is guilty of adultery, and will be punished with imprisonment for any term of
up to five years, or a fine, or both of us.

In the sixteenth century, the catechism of the Council of Trent described adultery as
a defilement of the marriage bed. If a married man sleeps with an unmarried woman,
he violates the integrity of his marriage bed; and if an unmarried man sleeps with a
married woman, he profanes the sanctity of the marriage of another. Some federal
courts have described it as a "marriage crime." Although the meaning of the word
"adultery" seems different in almost every legal system, the general theme is sexual
relations outside of marriage, in one form or another.

"Whosoever looketh on a woman to lust after her hath committed adultery with her
already in his heart." - Jesus Christ. Marriage and family are often considered to be
the foundation of society. Adultery has been a part of human existence for a long
time when it has been a marriage. It automatically brings conflict between them, the
people involved, the sexual desires, and the feeling of loyalty; it brings deep feelings
to the fore, and results to all involved.
 2

Under Indian law, Section 497 IPC criminalizes adultery, and also imposes a
sentence of up to five years in prison. The case of adultery under section 497 is very
limited in comparison to the misconduct of adultery as understood in the divorce
proceedings. The offense was committed only by a man who had sexual relations
with another man's wife without their consent or communication. The wife is not
punished for being an adulterer, or even as a criminal. Section 198 CRPC addresses
a “miserable” person. Subsection (2) treats the husband of the woman as deemed to
have been offenSe made under Section 497 IPC and in the absence of the husband,
there was a person in charge of the woman in his name at that time. He does not view
the wife of the adulterer as a bereaved person. Adultery is one of the burning
problems in India. It may not be a bad case but it is playful chaos in the lives of the
people involved. Our Indian society is very conservative and expected loyalty and
loyalty of one's spouse. The person who makes an act of adultery is always aware of
the fact that he violates the basic principles of The institution of marriage and
community and honesty and trust are regulated. This project is about the operation
of the provision provided for in the Indian Penal Code, e.g.

section 497 of the IPC. Adultery may not be seen as a sinking in crime but it is
straightforward results. A person who commits adultery often knows what to do
somehow his partner will know about his communication, he will not do it calmly,
of course, that person will have to deal with a lot of anger and family criticism as
well community. To wake up to such an outcome, the extremist group may defy a
vicious attack against his or her partner, which results in a serious offense such as
kidnapping or murder. Thinking The laws of India and the condition of our society,
really commit adultery in India. Project we're working around how Adultery is
handled, in this current situation and how it was.

Article 497 IPC and Section 198 (2) The CrPC jointly created a legal package to deal
with a criminal offense committed in violation of the Constitution and struck down
by High Court in Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.
 3

In the case of Sawmithri Vishnu v. Union of India and another, it was revealed that
section 497 violates articles 14 and 15 of the constitution that makes senseless
division between men and women in society. However, the Supreme Court rejected
these arguments and stated that it cannot be stated that in defining an adulterous case
to limit the category of offenders, any provision of the constitution is violated.

SCOPE

Recognition of this case is limited to adultery committed by a married woman, and

the erring male alone has committed a criminal offense. So under the code, adultery
is a crime committed by a third party to the husband in honor of his wife. It is not
for a married man who has sex with an unmarried woman, or for a widow, or even
for married women whose husband consents. The variance is recorded by section
498, the runbir penalty code in Jammu and Kashmir. In the state of Kashmir the
emergence of an outbreak that resulted as a joint adventure by a married woman with
potential love, because of the addition of section 498, R.P.C. that in such a case
women would be liable to torture, certainly within Section 498, R.P.C. 8th case of
Sita Devi v. Gopal (AIR 1928 pat 375) - one of the basic ingredients of a criminal
case is that it must be done without the consent or consent of the husband. Section
497 is designed in such a way that a husband cannot prosecute a wife for dealing
with the sanctity of marriage by adultery.

Section 498 is designed to protect the rights of husband and wife. At the core of the
case is the man's disrespect for the custody and proper control of his wife, who is
also suspected of having sexual relations with him. The consent of the wife is
incompatible- Alamgir v state (AIR 1959SC 436). The main ingredient of the case
under sec. 498 "kidnapping or seduction of a wife from her husband by a man". The
prosecutor must, therefore, prove that the accused has taken his wife from her
husband for criminal purposes - Natarajan v Ramanujam (1997 cr LJ 389)
 4

1.1 Indian Penal code

Article 497. Adultery. - Anyone who has intercourse with another person and knows
or has reason to believe that he or she is another man's wife, without the consent or
association of such a man, such sexual material is not a criminal offense, is guilty of
adultery, and shall be punished with imprisonment for any term of up to five years,
or fine, or both. In such a case, the wife will not be punished as an attacker.

1.2 Code of Criminal Procedure

Article 198. Prosecution of marriage cases. –

(1) No court shall administer an offense punishable under Chapter 4EXX of the
Indian Penal Code (45 of 1860) without an appeal made by a person who is grieved
by the offense:

(2) For subsection (1), no person other than the husband of a woman shall be deemed
to have been mistreated for any offense punishable under section 497 or section 498
of the said Code:

As long as the husband was absent, the other person in charge of the woman in her
name at the time the offense was committed, may file a claim on her behalf.

2. RESEARCH METHODOLOGY

The present study is based on descriptive research. Secondary information collected

from various sources such as online publications, magazines, Economic Studies,
Books, and journals. The data was taken over ten years 2005 - 2015. The results were
analyzed using the data including the essentials and defenses.
 5

HYPOTHESIS
Whether the given provision applies to the existing situation. Is it allowed?

3. ANALYSIS OF CONTENTS

To constitute the offense of adultery, the following features are important:

Essentials of Adultery

• That the accused had sexual intercourse with the woman in question;
• That was the legal guardian of one man;
• That the accused knew or had reason to believe that was the law of the spouse of
one husband;
• That the husband of the woman did not consent to or communicate with the
junction;
• That sex would mean that sexual rape.

3.1 SEXUAL INTERCOURSE

A man having sex with a married woman is an important ingredient of the case. So
where his wife went to the defendant's shop to have sex with him, but he was once
followed and arrested, it was held that his action did not go beyond the preparation
phase and as a result this section was not attractive. Similarly, when a defendant is
offered a married woman to sleep through the night, even before the suspect was
able to have sex with her the woman, the husband intervened and took her, the
suspect was not charged in the trial this section. Although evidence that sex is
important to prostitution, it cannot be proved with direct evidence. It must be
transferred to the facts and circumstances of the case -

[1] However, the circumstances must be in the form that is appropriate for the sexual
act place.
 6

[2] Proof of opportunities sought and acquired through improper practice, point
strongly to the direction of the case, it is sufficient to determine the reality of sex.

[3] The background and context of the case needs to be considered

sexual intercourse.

3.2 WOMEN SHOULD BE MARRIED

The section identifies the sex with another man, the wife of another man. This fact
a valid marriage should be strongly supported. Sex with a prostitute, single. The
woman, the widow, therefore, does not become a prostitute under the IPC. Even
having sex and a woman who lived with another man outside of marriage and has
children of her own not to be a fornicator, since she is not 'another man's wife.

3.3 KNOWLEDGE

To be brought under the watch of this section, a man must not only have sex she is
a married woman, but she must also "know" or have "reason to believe" that she is
'another man's wife'. This does not mean that she should know who the husband is.
It is enough if he knows or has reason to believe that the woman is married. The
reason is' such believe 'it can come from the fact that in the case of a Hindu woman,
the external image of marriage Health is shown by wearing mangalsutra, the use of
kumkum in hair separating, the use bangles, toe rings, etc.

The prosecutor must establish the existence of such knowledge or reasonable belief.
Create a mens rea and the prosecutor must put enough material before the court
testified that the defendant had knowledge or reasonable belief that the woman was
married.

3.4 CONSENT OF THE HUSBAND

Another requirement of the law is that the adulteration mentioned was not dealt
with the consent or fellowship of a man. This is based on the principle of volenti
non fit injuria, which means 'admittedly harmless'. Such consent may be either
express or implied.
 7

'The Internet' is a figurative expression that suggests voluntary blindness to a

particular act or of behavior, known to occur without protest or the desire to disrupt
or disrupt. If the husband was well aware that his wife was committing adultery but
did not anything to stop the same, then the adulterous relationship can be
considered to have existed is committed to adoption, and as a result no offense can
be said to have been committed.

The absence or presence of consent or communication may be considered in terms

of the offense. Strong evidence of the same is not required.

3.5 SHOULD NOT CONSTITUTE RAPE

The sin of adultery in its very nature has linked it to sexual intercourse between the
two consenting adults. This woman, though married, must be a sexual partner sex.
However, if a suspect has sex without a woman's consent, then it is a lot of graver
cases and would be rape. Here, permit or Husband communication is not real. A
woman's consent is primary. If his permission is there absenteeism, in which case
it would be an act of rape, which could be punished under s 376 of the IPC.

Adultery is not an offense under English Law, and some are very popular English
The lawyer expects the departure of the English Law to be a serious error. The
recognition of this case is limited to adultery committed by a married woman, as
well as only for a male offender who has been charged with a crime. Therefore,
under the Indian Penal Code, committing adultery by a third party against a
husband in honor of his wife. It is not made by someone who would not sleep with
a single woman, or a widow, either A divorced or even married woman with her
husband agrees. It should be noted that the wife can be punished as an abuser. Now
feel that, with before civilization, would be more in line with Indian ideas, if a
woman was also punished to commit adultery.
 8

4. DEFENSES AVAILABLE TO ACCUSED

The following defense mechanisms are found in the accusation of adultery-

• No sexual intercourse.
• The defendant did not know that the wife was the wife of another;
• The woman's husband confessed or engaged in that sexual act; either;
• The plaintiff was not a woman's husband and no other person was allowed to
choose such complaint under Cr.P.C.

The punishment for adultery is imprisonment for five years, or fine or both.

5. BURDEN OF PROOF

It is very difficult to produce direct evidence to justify an act of adultery. Adultery

is a thing marriage case and criminal case. The Need for proof in criminal cases is
stronger than necessary in the case of marriage. In the former case, the action will
be proven without a reasonable doubt, and later the evidence is cited for something
else opportunities. The crime of adultery can therefore be raised by:
• Circular evidence
• By evidence of infertility and childbirth
• By evidence of prostitution visits
• By diagnosing infectious diseases
• Confession and acceptance at parties
• Possible preparation
 9

6. HISTORICAL ANALYSIS

Lord Macaulay did not deem it appropriate to establish infidelity in his first draft
of the Indian Penal Code. Review facts and opinions gathered from all three
Presidencies regarding the nature of the crime of adultery, he concluded:

"It seems to us that no benefit can be expected from providing foR the punishment
of adultery.

The population seems to be divided into two categories - those that are not a penalty
is any punishment that should feel the reason to raise a will it is satisfactory, even
to those who consider the damage produced by adultery as a part of his brain the
compensation will pay enough. Those whose feelings of fame are severely affected
by the infidelity of their wives will not apply to the courts altogether. Those feelings
are small the delinquent will be satisfied by paying the fee. Under these
circumstances, we find it best to treat adultery as harm to human beings. "The law
commissioners In their Second Report on the Draft Penal Code, however, took a
different perspective. It undermines Macaulian's notion of adultery, but it puts more
independence in her comments on the status of women in India, they conclude:

"While we think that the case of adultery should not be withheld from the Code, we
will approve limit its awareness of adultery committed by a married woman, and
see if there is a significant weight in the last statement in Note 'Q', regarding the
status of women in the country, humbly, we have given the offender only the blame
for the punishment. ”Section 497 of The Penal Code shows the above view.

Section 497 expressly states that the adulterous "wife" is completely free from
crime obligation. He should also not be punished (or) for pleading guilty. Section
497, at what is required, assuming that the "wife" was a victim of adultery and not
that the perpetrator or participant. Adultery, as viewed under the IPC, is therefore
a criminal offense the husband of an adulterous wife and, thus, a case related to
"marriage".
 10

It is by this approach that Section 198 the CrPC has ordered the court not to take
to be aware of adultery unless the "grieved" husband makes the complaint. Works
under:

198. Prosecution of marriage-related offenses .—

(1) No court should be recognized as an offense not punishable under Chapter

XX of the Indian Penal Code (45 of 1860), provided that a complaint made by
someone that has been hurt by this case.

(2) For subsection (1), no person other than the husband of the woman shall be
deemed to have mistreated any offense punishable under Section 497 or Section
498 of the said Code: As long as the husband is away, someone has been caring
for the woman instead of him at the time the offense was committed, with the
consent of the court, a petition on his behalf. "

Section 497 IPC is read with Section 198 CrPC, thus stating the unequal status of
"husband" as well "wife" at a wedding institution in India. It is reported that:

(i) the man is a cheat and a married man. The woman is just her favorite and busy
victim,

(ii) skipping the wedding of another man property i.e. his wife for establishing
sexual relations with a married woman with his consent

but without the consent or association [9] of her husband,

(iii) the husband of the adulterous wife is at a sad party too (in some cases the
person who was caring for a married woman their adultery is committed),
therefore, it is authorized to make a formal complaint,

(iv) the wife of a man, if married, who had a normal sexual relationship with
another woman, married or unmarried, considered to be the party who was
abused and consequently prohibited from performing a formal complaint
against her husband or wife who commits adultery, and
 11

(v) a married man, by default, may lure and initiate sexual contact with an
unmarried woman, widow or divorce even though such a sexual link has the
power to dissolve the marriage within his wife.

7. NON-MONOGAMY, INFIDELITY, FORNICATION AND

ADULTERY

A marriage where it is acceptable for a man or woman to have sexual relations

with anyone other than their spouse, is a form of intimacy. Sexual relations
between husband and wife are with other people, or they may be considered
adultery in some legal places, not treated by partners. Unfaithfulness is one of the
most closely related Latin words, "infidel" (fides: faith). Infidelity is having sex
with someone other than one's husband, wife, or ordinary sexual partner In some
legal systems, they can be tolerated, while in others the same act is adultery and
crime. Fornication is a term that means having sex between partners who do not
agree. So there is no way related to adultery.

8. RELIGIOUS PERSPECTIVES AND LEGAL SANCTIONS

Adults have been suffering because of the social disapproval of them, the nature
of which varies depending on local culture, religion, and heritage. Historically,
adultery was severely criticized and punished, often only as a violation of the
husband's rights. Among such people the wife was regarded as the property of her
spouse, and adultery was therefore identified with theft, stealing the worst kind.
In some parts of Africa the impostor was punished with the loss of one or both
hands, such as a man who had robbed a man. Not only did the impostor suffer, he
was fined his wrongful mistress. In many cases she was made to endure the
weaning, which in the mind of the bereaved husband would prevent her from
being tempted again to other men. However, the wife was not allowed any reason
about the unfaithful husband; and this discrimination found in the actions of the
 12

ancients is also described in almost every ancient code of laws. In ancient India,
the laws of Manu come to this point, "though governed under the pursuit of
happiness elsewhere, though they have no good qualities, yet the husband should
always be worshiped as a god by a faithful wife"; on the other hand, "if a woman,
bragging about the size of her relatives or (her) virtue, violates the responsibility
she owes to the sexual relationship of a man and woman who exists and knows or
has reason to believe another man's wife. (sec 198 Cr. PC) Recognition of this
Offense rests on adultery committed by a married woman, and the offender is only
charged with punishment.

9. DISTINCTION BETWEEN SECTION 498 AND 497:-

The case under this section is the same as in sec. 497 is the case against the husband.
The statement that he knows or has reason to believe another man's wife is common
in both cases. The wife is completely unemployed in both categories. The wife
cannot be punished as a victim of abuse under the commission. 497.

When a man has been found guilty of luring a woman under sec. 498 of Indian
penal code, madras high court has been held. That women may be found guilty of
"compromising themselves" in the meaning of sec. 498, the Indian civil code, we
do not need to decide now ...... but we think that when a man is found guilty, as in
the case of attracting women who work under a set. 498, Indian penal code, women
cannot be guilty of torture - Balambal e re (1902) 26 M 463.

This section provides for severe penalties for less than the last category in which
actual sexual encounters with no value for rape are committed; here the attraction
or attraction is to have 6the purpose of an illegal relationship with any person.
 13

10. CONSTITUTIONAL VALIDITY OF S. 497 IPC

Criminal Justice has been criticized by the Women's Status Committee of India
(CSWI). It was challenged as a violation of the constitutional mandate of equality.
Constitutional ratification of the same has been questioned many times. The
Supreme Court upholding that the constitution of S. 497 IPC stated that “Section
497 does not mean that the husband will be prosecuted by the husband for adultery.
This clause clearly states that the wife will not be punished or abused. There can
be no complaint that the section does not allow the wife to prosecute the husband
for adultery. The obvious legal consideration is that the wife, who is involved in an
illegal relationship with another man, is the victim and not the author of the case.
An adulterous case as defined in section 497 is considered by the legislature to be
an offense against the sanctity of the marital home, an act committed by a man. So,
those men who defiled that holiness were brought within the legal net. The law only
makes one type of foreign relationship illegal, the relationship between a married
man and woman being the only person who has broken the law. The unfaithful man
runs the risk, or perhaps, invites the wife's divorce action. In doing so he runs the
risk of his wife bringing a divorce action. Facing the defense argument that women,
spouses and spouses, have changed their lifestyle over the past years and in cases
where they have harmed the peace and happiness of other marriages, the Court went
on to say: “We hope that this is no more. right but the collective definition does not
need to be prejudiced. They can expand the definition of 'Adultery' to suit the
moving times. The law, as it is, does not offend Article 14 or Article 15 of the
Constitution ”. Bigamy is prohibited in Criminal Law (Sec 494 IPC) 3. Given the
fact, Hindu women continue to be discriminated against in male-dominated society
and both polygamous marriages and child marriages take place in rural areas either
because of ignorance of the law or because of past practices in society. People have
argued that there is considerable weight in the Supreme Court's view that perhaps
the time has not yet come to punish women for adultery and that, the cheated wife
is indeed a victim and not a crime writer.
 14

11. DISCUSSION

The Supreme Court held that that policy in the Penal Code does not discriminate as
the husband or wife will not face. The case is directed only by the 'outsider' who
has violated the sanctity of the marriage home when the foreigner is a man. So the
magnitude of adultery in the criminal law seems very limited. The fact that a
'foreign' woman who violates a widow's home, in the same way, cannot be
prosecuted is considered to be a charge of good discrimination favoring women
rather than herself. The basis for these conflicting prejudices is however not
explained in criminal law. Does it mean that women's paramour can be saved from
the annihilation of the sanctity of the marriage home but not the male? Is this racist
stereotype justified? S. 497 PC defines adultery as the most holy cause of the
marital home, so why has it failed to inform that such an act can be done by a
woman? This general approach has been criticized. "The right time to look at the
question of whether adultery is in line with our modern views of women in
marriage". An adulterous case in the Indian Penal Code allows a husband to
prosecute his wife's imprisonment without giving any legal right to the wife to
prosecute the husband if he has more marital relations, or the right to prosecute his
marriage. It is understood that the case of adultery was challenged as a violation of
clause 14, as it provided for separate treatment of men and women.6 Even though
we acknowledge the argument that the law is incomparable and that the husband
and wife cannot tolerate adultery in the criminal law. Why is a miserable husband
allowed to sue a man for the involvement of a sane spirit in a marriage, while the
wife is not given the same right to sue a woman's disability? Is it not racism and
the basic rights of a woman? The law does not limit the discrimination of married
women (wife) as many argue; and reference to males (paramour). The wife should
have the same right to sue Paramour for the woman, who seduces the husband. The
National Commission for Woman (NCW) recently put down proposals to amend
Section 497 so that a woman can be prosecuted for committing adultery. In an
important discussion, it said that adultery should be considered a civil offense and
not a criminal offense. The issue of adultery should be viewed as a breach of trust.
 15

The commission said this should only be done after there has been a national
consensus on the issue. They added that women are in an uncomfortable position
in society and that the laws on women's protection need to be strengthened. The
commission also recommended section 198 (2) of the Criminal Procedure Code
(Cr. PC) to be amended, which currently does not have the wife of an unfaithful
husband to prosecute her for misconduct.7 However, do not agree with the
recommendations as it will also lead to legal discrimination. In all suspected cases
someone should have a miserable party (victim) and a crime writer. The crime of
the holy spirit of the house of assembly which involves the arrest of the husband of
the wife of the wife is a bad group. Why does the criminal law not treat a wife as a
group that is saddened when a man and woman bear the same fate? The
requirements for punishing a wife only appear to have no basis as long as the
husband is not charged with adultery under criminal law. If the wife is deceived,
she can be considered a victim and not a crime writer, thus the punishment for male
adoption is justified, but what if it is not. Is punishment to a man's wife guilty if he
is not a rapist, or in cases where the woman is married? It needs to be incorporated
into and defined in criminal law.

12. STATISTICAL ANALYSIS ON ADULTERY

The interview was conducted by Ashley Madison, a dating website for married
couples or already in a recent relationship in India. Responses were collected from
75,321 respondents - 80% of them married - in ten cities.

Besides, 81% of men and 68% of women said their marriage had a positive effect
on their marriages. "In some cases, a colleague works to rekindle a relationship,"
said Dr. Prakash Kothari, who was frustrated when one of his clients, a wealthy
businessman, admitted that he was agreeing to his friendly wife and to use the
service. "He says family life has improved now as his wife spends more time with
him," said Dr. Kothari.
 16

CRIME AGAINST WOMEN

3,27,394 incidents of violence against women were reported in the country in 2015
compared to 3,37,922 in 2014, thus showing a decrease of 3.1% in 2015. This crime
has increased steadily in 2011. - In 2014 with 2,28,650 cases in 2011, it increased
to 2,44,270 cases in 2012 and 3,09,546 cases in 2013, to 3,37,922 cases in 2014. It
decreased to 3,27,394 in 2015. Uttar Pradesh with 16.8% of women nationwide has
reported about 10.9% of crimes against women in all districts of India, registering
35,527 cases and West Bengal accounting for around 7.4% of women in the
country, accounting for 10.1% of crimes against women in the country by
registering 33,218 cases in 2015.

HIGHEST CRIME RATE

200
180
160
140
CRIME RATE

120
100
80
60
40
20
0

AREA

The crime rate for crimes against women was reported as 53.9 in 2015. Delhi UT
reported the highest crime rate (184.3) compared to 56.3 across the Indian level in
2015, followed by Assam (148.2), Telangana (83.1), Odisha (81.9), Rajasthan
(81.5), Haryana (75.7) and West Bengal (73.4).
 17

13.LIST OF CASES

➢ Mohnish Sahu vs Subhash Sahu on 21 January, 2012

In this case, the defendant stated that Bitti Bai (wife) even though he was married
to the respondent, was present to the applicant and the marriage took place between
the applicant noBitti Bai and therefore, he prosecuted a criminal case with a
punishment punishable under Sections 495, 494 of the I.P.C against Bitti Bai and
the applicant. The complaint was lodged and the application for divorce placed the
defendant dismissed by the Court on the basis that the defendant was not able to
prove the marriage of the applicant and the wife of the respondent.

➢ V. Srinivasan by Thakkar

It was seen in this case: “Argument and challenge the husband has the right to
prosecute the unfaithful wife, the wife must have the right to prosecute this the
unfaithful husband. Granted, under the law, a bereaved husband has an unfaithful
wife to him he has no right under the law to prosecute his wife, as it is by definition
of to be wronged, only the man can do it, not the woman. A philosophy that
supports the system of these Provisions appears to be between husband and wife to
improve public goods by letting them 'build' or 'tear apart' the wedding tie rather
than pull it themselves criminal court. They can let offenses in the spirit of
'forgiving and forget' and live to get together or break up by getting closer to the
bridal court and snatching the tie to prevent divorce They are not allowed to send
each other to jail. Maybe it's good too Children (if any) are saved from the misery
of one of their parents imprisoned the other parent. Whether or not a person is
enrolled in the wisdom or philosophy of this to provide minimal effect. Because,
the court is not a competitor of wisdom either the philosophy of law. This is a
violation of the constitution of the law.
 18

➢ Harichand Kumar Vs Sunanda

The complainant is the husband of the respondent. This application is filed by the
judge of the respondent separation of the grounds for adultery by the plaintiff in a
judgment of divorce judgment was appealed by the Karnataka High Court. Since
then the order has not been followed the complainant and the respondent received
no maintenance money. Subsequently, the complainant filed a divorce petition for
a divorce on the ground that nothing has been restarted continuously between the
entities Defendant denied the motion to divorce, in part, that the complainant failing
to pay maintenance as instructed by the Court for a divorce petition filed against
her he is liable to be rejected. The High Court accepted the appeal taken by the
respondent and refused to grant the petitioners divorce prayer.
 19

14. CONCLUSION

We feel that all the debate revolves around the misuse of the word "adultery" in the
legal system. True adultery is a crime against your spouse, a low level of trust, and
a house and, thus, the crime of adultery as it is, is not covered under S. 497 PC at all,
as neither the adulterous husband nor the adulterous wife may be, is punished. The
law nevertheless describes the punishment of someone who participated in such an
act, the only part of men to receive the holy spirit of the marriage. Criminal law looks
at the crimes committed by men and women on the difference, the discriminatory
nature of the married woman (wife), and her spouse. In changing people's views of
the society, the role of the Judge is critical to the interpretation of the constitution
and amendments. Considering that a woman is socially marginalized and weak in a
large part of the country, as recognized by a respected Supreme Court, her position
needs to be strengthened. The woman (the wife) should have equal rights as the
husband (husband) to sue the female prostitute in her marriage. Therefore, this
discrimination law needs to be changed. National discussion should be invited and
agreed upon for the world formed about the rule of apartheid. The issue of dignity
and the rights of a woman as an individual, are affected under S. 497 PC needs repair.
The provision of adultery as a criminal offense should not be repealed or amended
to keep the issue of women's equality and dignity in check. "It seems very unfair for
a man to demand chastity from a woman for not committing himself.
 20

15. REFERENCES

Web pages

1. Cambridge Advanced Learner’s Dictionary

https://dictionary.cambridge.org/dictionary/english/

2 https://www.vakilno1.com/

3 https://indiankanoon.org/·

4 http://www.legalserviceindia.com/

Statutes referred

1. The Indian Penal Code, 1860.

2. Criminal Procedure Code, 1973.

Books referred

Criminal Law by PSA Pillai, 10th edition