Adultery is defined as a voluntary sexual relationship between a married person and someone who is not their lawful spouse. It is considered legally wrong and punishable under Indian law. Section 497 of the Indian Penal Code defines adultery and sets out punishment of up to 5 years in prison. The courts have upheld the constitutionality of this law, finding it does not discriminate based on gender.
Presentation on Laws related to Adultery in India
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Edited By: Ayush Patria, Sangam University, Bhilwara
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The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Presentation on Laws related to Adultery in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
The Law on Adultery From Yusuf Abdul Aziz to Joseph Shrine in Recognition o...Pallavi Devi
whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term that may extend to two years, or with fine, or with both. Sec 497 IPC does not bring within its purview an extra marital relationship with an unmarried woman or a widow.
what about different sexual orientation?
What if a married woman who had sexual intercourse with woman who is already married?
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
The Law on Adultery From Yusuf Abdul Aziz to Joseph Shrine in Recognition o...Pallavi Devi
whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term that may extend to two years, or with fine, or with both. Sec 497 IPC does not bring within its purview an extra marital relationship with an unmarried woman or a widow.
what about different sexual orientation?
What if a married woman who had sexual intercourse with woman who is already married?
Making Women Alternatively Empowered Beyond Measure. (With Reference To The C...inventionjournals
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INTRODUCTON: The Indian Penal Code, 1860 (IPC) in Chapter XX (sections 493 to 498), provides punishment for offences relating to marriage. These offences may be grouped into four categories:
(i) Mock marriages or deceitful marriages (sections 493, 496);
(ii) Bigamy (sections 494, 495); (iii) Adultery (section 497); and
(iv) Enticing, taking away or detaining a married woman, with criminal intent
(section 498).
FRAUDULENT CONDUCT IN MARRIAGE
Section 493, IPC reads as under:
493. Cohabitation caused by a man deceitfully inducing a belief lawful marriage. Every man who by deceit causes any woman who not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall b punished with imprisonment of either description for a term which ma extend to ten years, and shall also be liable to fine.
This section is invoked when a man, either married or unmarried, induces woman to become (as she thinks) his wife, but in reality, she is his concubine. Th offence be committed by a person falsely causing a woman to believe that h may committed by a person foxy causing women to believe that he
is of the same race, creed or religion as herself, and thus inducing her to contract marriage, which in reality is unlawful, but which according to the law under which she lives, is valid. Suppose a person, half English, half Asiatic by blood, calls himself a Mohammedan or Hindu and by this deception, causes a Mohammedan or a Hindu woman to go through the ceremony of marriage, in a form which she deems valid, and to cohabit with him, he has committed this offence.
Live-in Valid Marriage Relationship: Live-in or marriage like relationship is neither a crime nor a sin socially unacceptable in India. The decision to marry in not to marry have a heterosexual relationship is entirely personal. All Live-in-relation are not relationships in the nature of marriage.
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Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
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Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
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Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
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Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
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Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
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1. ADULTERY
General definition
Adultery is a voluntary consensual relationship between a married individual
and someone who is not his/her lawful spouse. Adultery is considered as legally
wrong and is a punishable offense. The act of adultery is a crime which
breaches the marriage vows and is detrimental to public morals.
The term ‘adultery’ has its origin in the Latin term ‘adulterium’. The term
comes from the words ‘ad’ (towards) and ‘alter’ (other).
It is an Intentional Sexual Relation between an individual who is married and
someone who is not the spouse of the person. At Common Law, adultery was
unlawful intercourse between a married woman and any man other than her
husband. Almost every religion treats it as an unpardonable sin.
History:
1. In ancient Greece and Roman world, there were harsh laws against
adultery but these were applicable only if the female was married. But
these laws were not relevant if a man maintained sexual relationship with
a slave or an unmarried female.
2. The Bible too forbids adultery and the seventh commandment clearly
states this. In customary Judaism, both the parties were equally
responsible for adultery but it applied only if the female partner was
married. Lord Jesus also abhorred adultery and considered that even
looking at a female lustfully is equivalent to adultery.
3. According to ancient Hindu laws, only the felonious female were
punished and killed while the husbands were considered equal to god and
were left off with warnings only.
Laws:
1. Section 497 of the Indian Penal Code, 1860-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
Essential ingredients:
sexual intercourse
woman must be married
2. knowledge
consent or connivance of husband
should not constitute rape
Punishment: Punishment may extend up to five years imprisonment or fine or
both.
Case: In Kashuri v. Ramaswamy it was held that the proof of sexual intercourse
has to be inferred from the facts and circumstance of a case as direct evidence
can rarely be proved.
2. Section 498 of the Indian Penal Code, 1860-Enticing or taking away or
detaining with criminal intent a married woman
Whoever takes or entices away any woman who is and whom he knows or has
reason to believe to be the wife of any other man, from that man, or from any
person having the care of her on behalf of that man, with intent that she may
have illicit intercourse with any person, or conceals or detains with that intent
any such woman,.
Essential ingredients:
takes or entices away
woman to be a married woman
knowledge
taken from control of husband or person having care of her on behalf of
her husband
intention to have illicit intercourse
conceals or detains such women
Punishment: Punishment may extend to two years, or with fine, or with both.
Case: In Alamgir v. State of Bihar, it was observed that if a man knowingly
goes away with the wife of another in such a way to deprive the husband of his
control over her, with the intent to have illicit intercourse, then it would
constitute an offence within the meaning of the section.
3. Section 198 of the Code of Criminal Procedure, 1973- says only the
husband of the married woman, who had sexual intercourse with another man,
could file a case against the male who indulged in the act with her.
3. The Judicial Pronouncements on Validity of the Law:
The constitutional validity of the law of adultery in India has been challenged a
number of times but the court has upheld its validity and also the ‘classification’
made under it.
1. In the case of Yusuf Aziz v. State, Section-497 of IPC does not offend
articles 14 and 15 of the Constitution of India on the ground that only man will
be held liable for adultery and not the wife with whom adultery is committed
under section 497 but valid under Article 15 (3) of the Constitution. It does not
offend articles 14 and 15 of the Constitution of India.
2. In case of Sowmithri Vishnu v. Union of India and Anr, the court held that
the wife, who is involved in an illicit relationship with another man, is a victim
and not the author of the crime.
3. In the case of V. Revathi v. Union of India and Ors, the court held that that
Section 497 of the Indian Penal Code does not permit the husband to file a case
against the wife who has performed adultery nor does it permit the wife to bring
a case of adultery against the husband, and thus, the law is not biased towards
anyone.