What amounts to Adultery

According to Indian Law:

A person commits adultery, if he:
• Has sexual intercourse with a women who is and whom he knows or has reason to believe to be the wife of another man.
• Without the consent or connivance of the husband, and
• It does not amount to rape.
The inconsistencies of the man are punishable, but not the inconsistencies of the wife. The wife is not punishable as an abettor. It is not committed by a married man who has sexual intercourse with an unmarried woman, or with a widow, or even with a married woman whose husband consents to it.
Whoever commits adultery shall be punished with an imprisonment which may extend to five years, or with fine, or with both. The wife as an abettor shall not be punishable.

Similarly sexual harassment, dowry, domestic violence etc. everything is written in a way that the male party is guilty while the female has the upper hand. In these cases, the female can accuse, charge and get imprisonment of any person she feel whenever she feels like. It is the onus of the male member to prove he is guilty.
So much about equality of sexes.

14 replies on “What amounts to Adultery”

hehe that got you thinking right?
Wonder if it deserves a post in itself. However i think the issue is outdated and old already.
btw i do have a wordpress account. Just did not remember about it :d

what do u expect…. u scared the shit out of me… I feel I was still living in Raja Ram Mohan Roy’s time where women needs protection… but now u proved me that it is the Guys who needs protection.

498A is to protect against Dowry, right?… well according to Law, females are victims who can do no evil. nehow I am not anti-feminist so won’t say any more on Women’s Day.

// It does not amount to rape //
You have a point here.
A rapist spouse is worse than a womanizer…

In 498A even women are accused..the Mothers-in-law and sisters-in-law !
//A rapist spouse is worse than a womanizer…//
LOL…agreed !!!
But in this section, the clause is added to say that even if it is with the consent of the girl , but when the girl is less than 16 is considered rape and not adultery.

@sree… i completely lost u.
I think u got it confused because by the conventional definition of adultery.
One of the partner in an happy marriage has extra martial affairs. and he/she should is charged with adultery and not the casual sex partner.

However Indian adultery laws are applicable only if a man (married or otherwise) sleeps with the wife of some other man. The unfaithful wife is not punishable, but the other man (3rd party) is guilty under criminal charges.

This is because wife is seen as the property of the man.. and that other man has screwed him of his exclusive rights… even if it is via an one night stance…

PS: I am no authority on Indian laws… and I have a very orthodox and conservative mindset on adultery.

Hey Pegasus..I completely understand ur view..u say that the erring wife goes unpunished..I get ur stand..

I just wanted to see if u knew why
// It does not amount to rape.//
this was added in the defenition..
Is’nt it not but natural for one to think why it wld amt to rape when there is consent ?
So I just wanted to bring out the difference..
Its got nothing to do with ur view in the post !

Dear Sir/Madam,
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, it’s not true case, believe me. My wife are engaged/Affair with a boy his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about 18.6 vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. Next court date is 04/01/2010 at Barashat court. Some proof (s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter, and they went to understanding with my family. But my wife still now not agree she wants to marry to the boy. I take a lawyer and he told me I do a case about the matter his ph. No is: 033 30127001. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief me.
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan.
P.O. Hatiara. Kolkata-700059 Email: PH. 9836149983
W.B. India.

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