Monday, December 8, 2014

IPC 497 - 42ND LAW COMMISSION REPORT

Interpretation of IPC 497

Section 497 of the IPC (Indian Penal Code) perceives a consensual sexual intercourse between a man, married or unmarried, and a married woman without the consent or connivance of her husband as an offence of "adultery". A sexual link between a married or unmarried man and an unmarried woman or a divorcee or a widow, therefore, does not come within the ambit of "adultery". It also holds the man and not the (adulteress) "wife" of another man, who has been unfaithful to her husband, solely responsible for the sexual liaison. IPC, it seems, views "adultery" as an invasion of the right of the husband over his wife and therefore puts it under Chapter XX: "Of Offences Relating to Marriage".
The problem of proving adultery created what is called the disposition and opportunity rule. This rule held a presumption of adultery if it could be shown that the two people in question had an adulterous disposition and had the opportunity to commit adultery.


Even with the rule, proving adultery is difficult. An adulterous disposition usually means showing romantic involvement or entanglement of some sort. Love letters or public (or even semi-public, as we shall see) displays of affection are considered evidence of an adulterous disposition. The opportunity to commit adultery means showing that the two people in question were alone for a time in an apartment, hotel room, or house. Basically, the opportunity to commit adultery means the parties in question had the time and the place to commit adultery. Thus, having the keys to the hotel room but no record of being there was not enough for one spouse to prove adultery against the other one.

Friday, August 8, 2014

Adulterous WIFE - IPC 497

Section 497 in The Indian Penal Code, drafted & implemented in 1860
497. Adultery.—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.

As per the above definition of adultery: - 

       IPC 497 – Woman cannot be tried of committing Adultery
       IPC 497 – Caught your wife Sleeping with another man!!! Ohhh, NO PROSECUTION in India.
       IPC 497 – Adulterous Wife!!! NO PROSECUTION for her.
       IPC 497 – Worry about self, if your wife Adulterous.
       IPC 497 – Adulterous Wife Can’t be Punished
       IPC 497 – Since there is NO PROSECUTION “Wife can have SEX with anyone.”
       IPC 497 – NO PROSECUTION for Women having SEX outside their Marriage"
       IPC 497 – Challenges Institution of Marriage
       IPC 497 – India, Safe Heaven for Adulterous Women.



Why there is NO #PUNISHMENT for an #ADULTEROUS WIFE, making it legal & easy to have open relation. #GenderBiasedLaws




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A regular thing 2 hear Wife running off with another man or romantically involved wid sm1 outsid home http://buff.ly/1p1PbuF

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