Thursday, September 1, 2016

ADULTERY - Section 497 IPC R/W Section 198(2) CrPC

1. Married man sexually co-habits with married woman: offence committed but
(a) no right with wife to prosecute her adulterer husband who has committed adultery with that married woman
(b) no right with wife to prosecute that married woman with whom her adulterer husband has committed adultery
(c) no right with the husband of that woman to prosecute her adulteress wife
(d) RIGHT WITH THE HUSBAND OF THAT WOMAN TO PROSECUTE THE ADULTERER MAN WHO SEXUALLY CO-HABITED WITH HIS ADULTERESS WIFE
2. Married man sexually co-habits with an unmarried woman : no offence at all
3. Unmarried man sexually co-habits with married woman: offence committed but
(a) no right with the husband of that woman to prosecute her adulteress wife
(b) RIGHT WITH THE HUSBAND OF THAT WOMAN TO PROSECUTE THE ADULTERER MAN WHO SEXUALLY CO-HABITED WITH HIS ADULTERESS WIFE
4. Unmarried man sexually co-habits with unmarried woman: no offence at all

Note:
1. The offence of adultery is non-cognizable. Police cannot register a FIR. An aggrieved husband has to file a complaint directly in the court. 
2. Nevertheless, under civil law, wife or husband may file a case for divorce against adulterer husband or adulteress wife, as the case may be.


  



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