This document discusses adultery laws in India. It provides:
1) A brief history of adultery laws from ancient codes like Code of Ur-Nammu to modern laws in countries like France and Ottoman Empire.
2) An overview of adultery provisions in Hindu Marriage Act 1955, Indian Penal Code, and Criminal Procedure Code in India.
3) How courts have historically interpreted these laws, initially upholding gender discrimination but more recently questioning outdated assumptions.
Detailed Presentation on Special Marriage Act, 1954
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
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.
Origin and History of Sati | Indian Sati Regulation Act 1829 | Sati Preventio...GauravPunjabi13
This document provides an overview of the practice of sati or widow burning in India and the laws enacted to prohibit it. Some key points:
- Sati referred to an ancient practice where a widow would immolate herself on her husband's funeral pyre. It was banned by various rulers starting in the 16th century but continued in some areas.
- The Indian Sati Regulation Act of 1829 formally outlawed sati under British rule. However, some cases still occurred, leading to stronger laws in the late 1980s after a high-profile sati case.
- The Commission of Sati (Prevention) Act was passed in 1987, extending the ban across India and imposing severe punishments
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
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.
Detailed Presentation on Special Marriage Act, 1954
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
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.
Origin and History of Sati | Indian Sati Regulation Act 1829 | Sati Preventio...GauravPunjabi13
This document provides an overview of the practice of sati or widow burning in India and the laws enacted to prohibit it. Some key points:
- Sati referred to an ancient practice where a widow would immolate herself on her husband's funeral pyre. It was banned by various rulers starting in the 16th century but continued in some areas.
- The Indian Sati Regulation Act of 1829 formally outlawed sati under British rule. However, some cases still occurred, leading to stronger laws in the late 1980s after a high-profile sati case.
- The Commission of Sati (Prevention) Act was passed in 1987, extending the ban across India and imposing severe punishments
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
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.
When a Hindu person dies without a will, the Hindu Succession Act of 1956 determines how their property is distributed. Property first goes to Class I heirs like a widow, mother, children, and descendants of pre-deceased children. If there are no Class I heirs, property passes to Class II heirs like fathers, siblings, and more distant relatives. In the absence of Class I and II heirs, property is distributed to agnates and then cognates, defined as male-line and female-line relatives, respectively. If there are no cognates, the property goes to the government. A Hindu woman's property follows a similar order of inheritance by her children, husband, mother, father, and their heirs.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
The document discusses bigamy and live-in relationships under Hindu law in India. It notes that bigamy was historically accepted for Hindu men but is now illegal under the Hindu Marriage Act of 1955. However, there are loopholes that allow people in live-in relationships or those who convert religions to avoid penalties for bigamy. The document argues these loopholes should be closed as they allow married people to effectively abandon their spouses by entering live-in relationships without legal consequence.
The document discusses key aspects of the Hindu Marriage Act of 1955 including:
1) It codified and reformed Hindu personal law, allowing inter-caste and inter-religious marriages between Hindus, Buddhists, Sikhs and Jains.
2) It introduced monogamy, setting the marriageable age as 18 for women and 21 for men, and prohibited bigamy and polygamy.
3) It relaxed restrictions around prohibited degrees of relationship for marriage and allowed for divorce and judicial separation on grounds like mental illness, unsoundness of mind, unfitness for marriage and procreation.
The document outlines the procedures and conditions for solemnizing special marriages and registering marriages that were celebrated in other forms under the Special Marriage Act of India. Key points include:
1) Marriages can be solemnized if certain conditions are met, such as neither party having a living spouse, being of sound mind, being within prohibited degrees of relationship, and meeting the minimum age requirements.
2) Parties must provide notice of their intended marriage and this notice is published to allow for any objections.
3) If objections are made, the Marriage Officer will inquire and make a determination on whether the marriage can be solemnized, which can be appealed.
4) Marriages must be solemnized in
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
This document defines and explains the concept of bail under Indian law. It begins by defining bail as the entrustment of an accused person to sureties who will produce the accused in court when required. The purpose of bail is to secure the accused's presence at trial while allowing them liberty before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are punishable by death, life imprisonment, or over 7 years. The document outlines the process for obtaining bail and conditions for granting bail. It concludes by summarizing relevant sections of the Indian Code of Criminal Procedure relating to bail and bonds.
This document discusses Hindu family law in India. It describes a Hindu joint family as an extended family arrangement tracing back to a common ancestor. There were two historical schools of Hindu law - the Mitakshara school and Dayabhaga school - that differed in how they allocated parental property. The document also defines key terms like coparcenary and coparcenary property, explaining that coparceners have legal rights to joint family property by birth. It notes this law also applies to other religious groups in India besides Hindus.
The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
The Special Marriage Act of 1954 provides a framework for marriage between two individuals in India regardless of religion. Key provisions include allowing those of sound mind over 18/21 to marry without religious restrictions, a notice and objection period overseen by a Marriage Officer, and a process for solemnizing the marriage that includes declarations and certificates. The Act also establishes grounds for void, voidable, and dissolved marriages as well as judicial separation and divorce, with succession governed by the Indian Succession Act of 1925.
Rape :A Sexual offence/Deathless shamezahida banoo
This document is a student assignment on sexual offenses submitted to their law professor. It begins with an introduction defining rape as a crime against basic human rights. It then provides statistics on the magnitude of sexual offenses in India from 2010 to 2014. Most victims know their offenders, with many being relatives or neighbors. The document categorizes and explains 10 types of sexual offenses under Indian law, including rape, custodial rape, gang rape, rape of minors, and unnatural offenses. For each offense, it provides the relevant section of Indian Penal Code and prescribed punishments. In conclusion, the assignment discusses various sexual offenses in detail and analyzes related Indian court cases.
This document provides contact information for various offices of a law firm called Altacit located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on succession law in India, including an overview of the Indian Succession Act of 1925, testamentary versus intestate succession, applicability to communities, definitions of a will, essential features of a will, persons competent to make a will, the role and appointment of executors, execution of a will including the probate process, and related topics.
An interpleader suit allows a person who is faced with competing claims over money, property or debts from multiple parties and claims no interest in the disputed item other than costs, to file a suit against all claimants to compel them to litigate the matter against each other and obtain an order stating who is entitled to payment or delivery. The document outlines the rules for filing an interpleader suit under the Code of Civil Procedure, including requirements for the plaintiff claim and procedures that may be used by the court at the initial hearing to resolve the matter.
1. Muslim marriage is regarded as a civil contract under Islamic law, requiring proposal and acceptance between the parties.
2. For a marriage to be valid, there must be free consent between competent parties who are not within prohibited degrees of relationship, such as parents and siblings.
3. Marriages can be classified as valid, void, or irregular depending on whether essential conditions are met. While valid marriages fulfill all conditions, void marriages are prohibited and irregular marriages are neither fully valid nor void.
The document summarizes the key points of the Dowry Prohibition Act of 1961 in India. It begins with defining dowry and explaining its historical context in India. It then outlines the main provisions of the Act, including prohibiting the giving or taking of dowry (Section 3), penalizing demanding dowry (Section 4), making dowry agreements void (Section 5), and requiring dowry be transferred to the woman (Section 6). It also discusses provisions around cognizance of offenses (Section 7) and the burden of proof (Section 8A). The document provides an overview of the Act's goal of prohibiting the harmful dowry system in India.
DOWRY DEATH UNDER SECTION 304-B OF IPC BY PRACHI,PRATIK, PRASANJIIT & PRAVEEN...ADVOCATE PRAVEEN KUMAR
This document discusses dowry practices around the world and in India specifically. It provides definitions of dowry under Indian law and an overview of:
1) The social effects of dowry such as abuse, murder, and female infanticide.
2) Indian dowry laws like the Dowry Prohibition Act of 1961 and sections 304-B and 498A of the Indian Penal Code.
3) Key issues addressed by the courts like determining dowry deaths, cruelty, and presumption of dowry deaths.
Constitutional validity of section 497 ipc Shantanu Basu
This document examines the constitutional validity of Section 497 of the Indian Penal Code, which defines and punishes adultery. It provides a historical overview of adultery laws from ancient codes to modern statutes. It discusses how adultery is addressed in key Indian laws like the Hindu Marriage Act, the Indian Penal Code, and the Criminal Procedure Code. It analyzes how courts have interpreted these laws over time, both upholding and questioning the laws on grounds of discrimination. The document concludes by discussing recommendations to reform India's adultery laws.
Adultery has become common in many communities today without shame or fear of consequences. The Quran instructs Muslims to protect their private parts and avoid shameful sights. Imam Al Ghazzali discusses six frightening consequences of adultery - three relating to this world like decreased sustenance and shortened lifespan, and three relating to the afterlife like Allah's displeasure, disgrace on the Day of Resurrection, and being thrown into hell. Kissing a boy with lust results in burning in hell for 500 years, and kissing a woman results in adultery with 70 virgins, while committing adultery with a virgin equals adultery with 70 married women.
When a Hindu person dies without a will, the Hindu Succession Act of 1956 determines how their property is distributed. Property first goes to Class I heirs like a widow, mother, children, and descendants of pre-deceased children. If there are no Class I heirs, property passes to Class II heirs like fathers, siblings, and more distant relatives. In the absence of Class I and II heirs, property is distributed to agnates and then cognates, defined as male-line and female-line relatives, respectively. If there are no cognates, the property goes to the government. A Hindu woman's property follows a similar order of inheritance by her children, husband, mother, father, and their heirs.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
The document discusses bigamy and live-in relationships under Hindu law in India. It notes that bigamy was historically accepted for Hindu men but is now illegal under the Hindu Marriage Act of 1955. However, there are loopholes that allow people in live-in relationships or those who convert religions to avoid penalties for bigamy. The document argues these loopholes should be closed as they allow married people to effectively abandon their spouses by entering live-in relationships without legal consequence.
The document discusses key aspects of the Hindu Marriage Act of 1955 including:
1) It codified and reformed Hindu personal law, allowing inter-caste and inter-religious marriages between Hindus, Buddhists, Sikhs and Jains.
2) It introduced monogamy, setting the marriageable age as 18 for women and 21 for men, and prohibited bigamy and polygamy.
3) It relaxed restrictions around prohibited degrees of relationship for marriage and allowed for divorce and judicial separation on grounds like mental illness, unsoundness of mind, unfitness for marriage and procreation.
The document outlines the procedures and conditions for solemnizing special marriages and registering marriages that were celebrated in other forms under the Special Marriage Act of India. Key points include:
1) Marriages can be solemnized if certain conditions are met, such as neither party having a living spouse, being of sound mind, being within prohibited degrees of relationship, and meeting the minimum age requirements.
2) Parties must provide notice of their intended marriage and this notice is published to allow for any objections.
3) If objections are made, the Marriage Officer will inquire and make a determination on whether the marriage can be solemnized, which can be appealed.
4) Marriages must be solemnized in
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
This document defines and explains the concept of bail under Indian law. It begins by defining bail as the entrustment of an accused person to sureties who will produce the accused in court when required. The purpose of bail is to secure the accused's presence at trial while allowing them liberty before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are punishable by death, life imprisonment, or over 7 years. The document outlines the process for obtaining bail and conditions for granting bail. It concludes by summarizing relevant sections of the Indian Code of Criminal Procedure relating to bail and bonds.
This document discusses Hindu family law in India. It describes a Hindu joint family as an extended family arrangement tracing back to a common ancestor. There were two historical schools of Hindu law - the Mitakshara school and Dayabhaga school - that differed in how they allocated parental property. The document also defines key terms like coparcenary and coparcenary property, explaining that coparceners have legal rights to joint family property by birth. It notes this law also applies to other religious groups in India besides Hindus.
The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
The Special Marriage Act of 1954 provides a framework for marriage between two individuals in India regardless of religion. Key provisions include allowing those of sound mind over 18/21 to marry without religious restrictions, a notice and objection period overseen by a Marriage Officer, and a process for solemnizing the marriage that includes declarations and certificates. The Act also establishes grounds for void, voidable, and dissolved marriages as well as judicial separation and divorce, with succession governed by the Indian Succession Act of 1925.
Rape :A Sexual offence/Deathless shamezahida banoo
This document is a student assignment on sexual offenses submitted to their law professor. It begins with an introduction defining rape as a crime against basic human rights. It then provides statistics on the magnitude of sexual offenses in India from 2010 to 2014. Most victims know their offenders, with many being relatives or neighbors. The document categorizes and explains 10 types of sexual offenses under Indian law, including rape, custodial rape, gang rape, rape of minors, and unnatural offenses. For each offense, it provides the relevant section of Indian Penal Code and prescribed punishments. In conclusion, the assignment discusses various sexual offenses in detail and analyzes related Indian court cases.
This document provides contact information for various offices of a law firm called Altacit located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on succession law in India, including an overview of the Indian Succession Act of 1925, testamentary versus intestate succession, applicability to communities, definitions of a will, essential features of a will, persons competent to make a will, the role and appointment of executors, execution of a will including the probate process, and related topics.
An interpleader suit allows a person who is faced with competing claims over money, property or debts from multiple parties and claims no interest in the disputed item other than costs, to file a suit against all claimants to compel them to litigate the matter against each other and obtain an order stating who is entitled to payment or delivery. The document outlines the rules for filing an interpleader suit under the Code of Civil Procedure, including requirements for the plaintiff claim and procedures that may be used by the court at the initial hearing to resolve the matter.
1. Muslim marriage is regarded as a civil contract under Islamic law, requiring proposal and acceptance between the parties.
2. For a marriage to be valid, there must be free consent between competent parties who are not within prohibited degrees of relationship, such as parents and siblings.
3. Marriages can be classified as valid, void, or irregular depending on whether essential conditions are met. While valid marriages fulfill all conditions, void marriages are prohibited and irregular marriages are neither fully valid nor void.
The document summarizes the key points of the Dowry Prohibition Act of 1961 in India. It begins with defining dowry and explaining its historical context in India. It then outlines the main provisions of the Act, including prohibiting the giving or taking of dowry (Section 3), penalizing demanding dowry (Section 4), making dowry agreements void (Section 5), and requiring dowry be transferred to the woman (Section 6). It also discusses provisions around cognizance of offenses (Section 7) and the burden of proof (Section 8A). The document provides an overview of the Act's goal of prohibiting the harmful dowry system in India.
DOWRY DEATH UNDER SECTION 304-B OF IPC BY PRACHI,PRATIK, PRASANJIIT & PRAVEEN...ADVOCATE PRAVEEN KUMAR
This document discusses dowry practices around the world and in India specifically. It provides definitions of dowry under Indian law and an overview of:
1) The social effects of dowry such as abuse, murder, and female infanticide.
2) Indian dowry laws like the Dowry Prohibition Act of 1961 and sections 304-B and 498A of the Indian Penal Code.
3) Key issues addressed by the courts like determining dowry deaths, cruelty, and presumption of dowry deaths.
Constitutional validity of section 497 ipc Shantanu Basu
This document examines the constitutional validity of Section 497 of the Indian Penal Code, which defines and punishes adultery. It provides a historical overview of adultery laws from ancient codes to modern statutes. It discusses how adultery is addressed in key Indian laws like the Hindu Marriage Act, the Indian Penal Code, and the Criminal Procedure Code. It analyzes how courts have interpreted these laws over time, both upholding and questioning the laws on grounds of discrimination. The document concludes by discussing recommendations to reform India's adultery laws.
Adultery has become common in many communities today without shame or fear of consequences. The Quran instructs Muslims to protect their private parts and avoid shameful sights. Imam Al Ghazzali discusses six frightening consequences of adultery - three relating to this world like decreased sustenance and shortened lifespan, and three relating to the afterlife like Allah's displeasure, disgrace on the Day of Resurrection, and being thrown into hell. Kissing a boy with lust results in burning in hell for 500 years, and kissing a woman results in adultery with 70 virgins, while committing adultery with a virgin equals adultery with 70 married women.
The document discusses whether the crime of adultery should be abolished. It notes that adultery is currently a criminal law concerning sexual intercourse. However, problems have arisen where raped girls have been accused of adultery. The crime also contradicts other laws and is difficult to prove. While some argue it protects the institution of marriage, others believe the best solution is to modify divorce laws and impose civil compensation rather than criminalize adultery. In the end, the conclusion suggests people should move on and chase a better life rather than dwell on the past.
The document discusses adultery and temptation. It summarizes passages from the Bible that say looking at a woman with lust is adultery, and it is better to lose a body part like an eye or hand than to sin. It warns that giving into temptation only brings suffering, as Satan's goal is to harm people, while Jesus wants to save people from suffering in hell. The document encourages people not to fall for Satan's temptations and to ask God for help in resisting by saying "Away from me Satan."
The document discusses dowry death under Section 304B of the Indian Penal Code. It defines dowry death as the death of a woman within seven years of marriage due to burns, bodily injury, or abnormal circumstances, if she was subjected to cruelty or harassment for dowry demands. The document outlines the history and current issues of dowry practices in India, essential elements to prove dowry death, related offenses, trial procedures, and key court cases that have upheld convictions. Punishment for dowry death is seven years to life imprisonment. Despite legal reforms, dowry continues as a widespread social problem in India.
A PRESENTATION ON SECTION 304B AND 498A INDIAN PENAL CODE BY DR.SANGEETA CHOWDHRY AND DR. SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, GOVT. MEDICAL COLLEGE JAMMU (J&K)
Section 1 establishes that the Indian Penal Code applies throughout India except Jammu and Kashmir. Section 2 establishes that every person in India is subject to punishment under the Code for acts committed within India, including citizens, non-citizens, and foreigners who accept Indian law. Section 3 allows for offenses committed outside of India by those subject to Indian law to be tried within India. Section 4 further extends the code to offenses committed outside of India by Indian citizens or those on Indian-registered ships/aircraft, as well as cybercrimes targeting computers in India.
1. Rape can have long-lasting psychological impacts on victims including feelings of guilt, dissociative amnesia, and post-traumatic stress disorder according to diagnostic criteria.
2. Victims often require a multidisciplinary therapeutic approach including emotional, medical, social, and forensic care to address safety, anxiety management, emotional processing, and prevention of recurrence.
3. Group therapy can help victims regain a sense of trust and belonging to move beyond feeling helpless.
This document provides an overview of Islam's perspective on sex and purity. It discusses:
- Islam views sex as a natural human need that should be properly satisfied within marriage. Marriage is strongly encouraged in Islam to regulate sexual behavior.
- The only acceptable way for sexual satisfaction in Islam is lawful marriage between a man and woman. Islam promotes marriage to achieve tranquility, foster love between spouses, and maintain moral values in society.
- Islam instructs believers in purity and chastity. It guides followers to be morally respectable and productive by restricting sexual acts to marriage only. The story is told of a young man who asked the Prophet if he could commit adultery, and was taught to consider how
Jesus is teaching in the Temple when teachers of the law and Pharisees bring a woman caught in adultery. They ask Jesus what should be done according to Mosaic law, which calls for stoning. Jesus avoids directly answering and writes in the dirt instead. When pressed, he says whoever is without sin should cast the first stone. Convicted, the accusers leave one by one until only Jesus and the woman remain. Jesus tells her he does not condemn her and tells her to sin no more.
t of Fear
Description: What would happen if Riverview became an insanely generous church? This message details how we must first get out of fear for this to happen.
The Supreme Court upheld SEBI's order against Sahara India Real Estate Corporation for raising Rs. 19,000 crores through optionally fully convertible debentures without complying with relevant laws and regulations. The court observed that the issuance of OFCDs to over 50 persons constituted a public issue, bringing it under SEBI's jurisdiction. It also concluded that Sahara had deliberately misclassified the issuance as a private placement to avoid regulatory requirements for public issues.
Supreme Court Judgment on PIL challenging Constitutional validity of RPA Sect...Sadanand Patwardhan
This document is the judgment from the Supreme Court of India regarding two writ petitions challenging the constitutionality of Section 8(4) of the Representation of People Act 1951. Section 8(4) provides an exception for sitting members of Parliament or state legislatures from immediate disqualification if convicted of an offense listed in Sections 8(1)-(3), by allowing them to appeal the conviction without losing their seat for 3 months. The petitioners argue this exception violates Articles 102 and 191 of the Constitution, which lay out identical disqualifications for being elected and continuing as a member. The Court reviews the relevant constitutional provisions and legislative history, and the petitioners contend Parliament lacked power to create this exception for sitting members when the Constitution did not
offences relating to marriage(Bangladesh penal code),Criminology Department,U...md farhad meazi
The document discusses various offences relating to marriage under Indian law. It outlines the main offences covered in Chapter XX of the Indian Penal Code, including mock or invalid marriages, bigamy, adultery, and criminal elopement. It then provides more details on these offences, describing the elements that constitute each crime and the punishments prescribed. It also discusses cases related to some of these offences and criticisms of the current laws.
The document discusses hurt and grievous hurt offenses under Sections 319 to 338 of the Indian Penal Code of 1860. It defines hurt and grievous hurt and outlines various voluntarily caused offenses and their corresponding punishments. The objective is to protect people from injury and allow victims support under the Code. While the Code deters revenge attacks, diseases transmitted are not clearly addressed. Suggestions include a separate section for offenses leading to death. In conclusion, the punishments follow Newton's third law of equal and opposite reactions.
Gujarat High Court judgment on Reliance Jio 4G towerFlame Of Truth
Gujarat high court on Friday directed the state government and the Centre to create public awareness that they have no reason to fear the emission of radio active waves from mobile tower. The HC ordered so with observation that the use of the mobile phone, AM Radio, FM Radio etc. is more harmful to the human beings compared to the power emission from the Base Transceiver Stations and that of mobile towers...
This presentation gives three practical steps, from a Christian counseling perspective, to take to begin to win spiritual mind battles in the aftermath of adultery.
The common law crime of criminal trespass generally consists of two basic elements. The first is trespass, which can be broadly defined as interference with another's actual and peaceable possession of property. Examples of such interference are entry onto or refusal to leave premises against the expressed wishes of the possessor. The second is breach of the peace, which generally involves force, violence, or some threat thereof. Section 433 of the Indian Penal Code defines Lurking House-tresspass. Trespass in civil law, trespass to land consists of any unjustifiable intrusion by a person upon the land in possession of another.
Presentation on Laws related to Adultery in India
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Edited By: Ayush Patria, Sangam University, Bhilwara
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Bigamy(Department of criminology,university of dhaka)md farhad meazi
1) The document discusses bigamy laws in Bangladesh, defining it as marrying another person while already married. Bigamy is illegal under Bangladeshi penal code and punishable by up to 7 years in prison.
2) It provides details on laws governing bigamy for different religious communities in Bangladesh. For Muslims, men are allowed polygamy under Islamic law, though it is criticized for not treating women equally.
3) The document examines a court case where a man was charged with bigamy for marrying a second time without divorcing his first wife. While he admitted to the second marriage in a court document, the court acquitted him due to lack of proof that the second marriage was valid under law.
Making Women Alternatively Empowered Beyond Measure. (With Reference To The C...inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
This document discusses the history and current status of marital rape exemptions around the world. It notes that historically, a man could not be prosecuted for raping his wife under common law. However, since the 1970s, many states have partially or fully abolished the marital rape exemption through legislation and judicial decisions. Today, some states still maintain a partial marital rape exemption allowing rape under certain circumstances. The document argues that true equality between men and women will not exist until all marital rape exemptions are removed worldwide.
Laws affecting the rights of women in paksociology92
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Dowry death case analysis HARSWAROOP AND OTHERS VS. STATE OF RAJASTHANabiramibabl
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IPC 497 quashed-WRIT PETITION (CRIMINAL) NO. 194 OF 2017 Joseph Shine …Petitioner(s) VERSUS Union of India …Respondent(s) J U D G M E N T uploaded by T james Joseph Adhikarathil
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This document outlines a statement of complaints regarding violations of fundamental rights by the European Union. It provides background information about the complainant, Anne Agius, who is filing for separation from her abusive husband. She outlines several incidents of domestic violence and assault she experienced, including being purposefully thrown from her husband's motorcycle, causing bruising. She argues her fundamental rights to dignity, liberty, security, education, equality, culture, family protection, health care, and access to documents have been violated. She requests protection, justice, and support in accordance with the EU Charter of Fundamental Rights and whistleblower protections.
Bailable sheria ya haki kwa mtuhumiwa TANZANIAAFRA PAUL
The document discusses bail, which refers to the security or bond required to release an accused person awaiting trial. Bail can be granted by police for matters not yet brought before a court, while the court has authority over bail for cases that have been instituted. There is a distinction made between bailable and non-bailable offenses. For bailable offenses, an accused has a right to bail, though it depends on meeting bail conditions. For non-bailable offenses, bail is at the court's discretion. The document provides examples of bailable and non-bailable offenses in different jurisdictions and discusses debates around whether bail should be considered a right or a privilege.
The document discusses Indian laws relating to marriage offenses. It covers sections of the Indian Penal Code dealing with mock/deceitful marriages, bigamy, adultery, and crimes against married women. It also discusses court cases related to live-in relationships and whether they constitute a relationship in the nature of marriage. The key points are:
1) The IPC defines offenses around fraudulent conduct in marriage such as deceiving a woman into believing she is lawfully married. It also covers bigamy and crimes against married women.
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The document summarizes the Dowry Prohibition Act of 1961 which aims to prohibit the practice of dowry in India. Some key points:
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- Giving or taking dowry is punishable by a minimum 5 years imprisonment and fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and fine.
- Any agreement for dowry is void. Dowry received must be transferred to the woman within 3 months of marriage. Failure to do so is punishable.
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What are the signs of domestic violence?
• Destructive criticism and verbal abuse: shouting/mocking/accusing/name calling/verbally threatening.
• Pressure tactics: sulking, threatening to withhold money, disconnect the telephone, take the car away, commit suicide, take the children away, report you to welfare agencies unless you comply with his demands regarding bringing up the children, lying to your friends and family about you, telling you that you have no choice in any decisions.
• Disrespect: persistently putting you down in front of other people, not listening or responding when you talk, interrupting your telephone calls, taking money from your purse without asking, refusing to help with childcare or housework.
• Breaking trust: lying to you, withholding information from you, being jealous, having other relationships, breaking promises and shared agreements.
• Isolation: monitoring or blocking your telephone calls, telling you where you can and cannot go, preventing you from seeing friends and relatives.
• Harassment: following you, checking up on you, opening your mail, repeatedly checking to see who has telephoned you, embarrassing you in public.
• Threats: making angry gestures, using physical size to intimidate, shouting you down, destroying your possessions, breaking things, punching walls, wielding a knife or a gun, threatening to kill or harm you and the children.
• Sexual violence: using force, threats or intimidation to make you perform sexual acts, having sex with you when you don't want to have sex, any degrading treatment based on your sexual orientation.
• Physical violence: punching, slapping, hitting, biting, pinching, kicking, pulling hair out, pushing, shoving, burning, strangling.
• Denial: saying the abuse doesn't happen, saying you caused the abusive behavior, being publicly gentle and patient, crying and begging for forgiveness, saying it will never happen again.
The document discusses the legal requirements and definition of marriage in Australia. It outlines that marriage has traditionally been defined in common law as the union of a man and a woman, but that there have been attempts to legislate same-sex marriage in some states and territories. The key requirements that must be met for a marriage to be valid include consent, minimum ages, the exclusion of certain familial relationships, and compliance with ceremonies conducted by authorized celebrants.
This document discusses a Supreme Court of India case regarding the conviction of two individuals for dowry death and abetment of suicide under Sections 304-B and 306 of the Indian Penal Code. It provides background on the case from the trial court and high court. It then examines the legal requirements for a dowry death conviction under Section 304-B and the legislative history and intent of including this provision. It analyzes whether the essential ingredients for a dowry death conviction were established in this case.
This document discusses adultery and concubinage under Philippine law. It defines adultery as sexual intercourse between a married woman and a man not her husband, and concubinage as a married man keeping a mistress. Only the offended spouse can file charges. Each act of intercourse constitutes a separate crime. Pardon of the offender prevents prosecution. The penalties for adultery are 2-6 years imprisonment, while concubinage is 6 months to 4 years and 2 months only for the man.
The Triple Talaq Bill 2019, also known as the Muslim Women (Protection of Rights on Marriage) Act 2019, makes the practice of instant triple talaq (talaq-e-biddat) a criminal offense with up to 3 years imprisonment. Key aspects of the act include: (1) declaring triple talaq void and illegal, (2) making it a cognizable offense, (3) allowing compounding of offenses only with the woman's consent, (4) entitling divorced women to maintenance and custody of children.
The need for a comprehensive definition of rapeM S Siddiqui
Bangladesh may consider to re-define rape to ensure that all forms of non-consensual penetration are covered by it, irrespective of gender of the perpetrator or the victim/survivor. The definition of rape should reflect that consent may be revoked at any point and that the absence of proof of force or physical resistance does not necessarily establish consent in any case.
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
Transformation of farmers agitation 2021 in IndiaShantanu Basu
This movement began as a protest against controversial farm acts by farmers, but has expanded into a broader challenge and alliance against the government by 90% of India's population. It represents common people challenging the privileged elite and seeking to replace the existing political system that perpetuates inequalities. The movement signals dissatisfaction with a system skewed in favor of upper castes and brings together various disadvantaged groups including farmers, laborers, and the unemployed from across different states. It seeks equitable policies for both buyers and sellers in the agricultural sector and other reforms benefiting farmers and rural communities.
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- China and Russia want to show strength domestically and see Western treaties as having truncated their nations. They have penetrated infrastructure overseas and tested new weapons.
- The global power balance has shifted eastward as Western nations ceded manufacturing and technology to Asia. A future world war would likely be in Asia between East and West. India would struggle to fight on multiple fronts against China and Pakistan.
Red challenges to Biden's blue presidencyShantanu Basu
Biden faces formidable challenges as President from Republican opposition in the Senate and from Trump supporters across America. His agenda will likely be stalled as the Senate is evenly split, requiring Vice President Kamala Harris's vote. The US economy also presents challenges as it relies on high debt and deficits. Biden will face stiff opposition to providing further COVID relief, returning to Obama-era policies, and replacing Trump administration officials. Relations with China may continue as both countries rely on trade, but Biden will face pressure over issues like India from Republicans portraying him as soft. As the first Democratic president in decades, Biden will have to navigate tensions over race, business interests, and personal freedoms to achieve his reform agenda.
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- China and Russia want to show strength domestically and see Western treaties as having truncated their nations. They have penetrated Western systems through cyber and economic means.
- The global power balance has shifted eastward as Western nations ceded manufacturing and technology to Asia. A future world war would likely be in Asia between East and West. India would struggle to fight on multiple fronts against China and Pakistan.
Red challenges to biden's blue presidencyShantanu Basu
Biden faces significant challenges as President from Republican opposition in the Senate and from conservative Americans who supported Trump. His agenda faces obstacles to passing legislation due to the even Senate split, and he may be forced to compromise on issues like abortion, immigration, and healthcare to appease conservatives. Biden also inherits an economy weakened by the pandemic and trade wars, high debt levels, and social divisions exacerbated by Trump. His ability to enact his agenda and make progress on issues like racial justice and climate change will depend on his ability to navigate these political and economic challenges from his opponents on the right.
The document summarizes India's fiscal deficit and gross liabilities for the years 2019-20 and 2020-21. It states that India's GDP in 2019-20 was approximately Rs. 250 lakh crore, with a fiscal deficit of Rs. 8.75 lakh crore or 3.5% of GDP. However, additional liabilities not provided for in the budget estimate totaled Rs. 38.75 lakh crore, bringing the real fiscal deficit to 15.5% of GDP. For 2020-21, GDP declined by 23.9% to approximately Rs. 190 lakh crore, while additional liabilities above the budget estimate of Rs. 35 lakh crore total Rs. 70 lakh
1. The document discusses the political and economic fallout of the COVID-19 pandemic, originating from China. It argues that while the Chinese government is culpable for initially suppressing information about the outbreak, blaming the Chinese people is unfair.
2. It describes how China's economic reforms and opening up led to massive growth and wealth creation, but also political ambitions and social tensions. The pandemic may cause countries to bring manufacturing back and reconsider their dependence on China.
3. India is positioned to benefit if it replicates China's economic model to attract investment and jobs, but it faces major challenges around infrastructure, bureaucracy, and corruption. Overall, the pandemic could spur manufacturing growth in multiple countries and regions.
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3. India still faces significant issues of poverty, hunger, and inequality despite recent economic growth. True nationalism requires upholding democracy and rule of law to protect all citizens' rights and development.
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The finances of the Government of India (GOI) are in dire straits. As of January 2020, the fiscal deficit was estimated at Rs. 9.85 lakh crore, which is about a third of total budgeted expenditures. With disastrous tax revenue in the first three quarters of the fiscal year and the impact of COVID-19, the actual deficit could exceed 45-50% of expenditures. Adding additional off-budget borrowing, the deficit could jump to 45% of revenues. To fill this large shortfall, GOI will need to take on substantial new borrowing, further increasing debt levels and interest payments in the coming years. The financial condition of GOI is weak, limiting its ability to provide further fiscal support
The document discusses India's debate around issuing sovereign bonds. It notes that India's high levels of domestic debt could amount to 45-50% of the government's budget annually. Issuing sovereign bonds in US dollars also presents risks like currency fluctuations, inflation risks, and lower credit ratings increasing interest rates. While sovereign bonds could raise large funds, there are doubts around India's ability to repay its obligations without impacting domestic debt payments or leading to a debt crisis. Alternative domestic funding options that avoid sovereign bond risks need more exploration.
The author argues that a lockdown in India would be misplaced and ineffective at stopping the spread of Covid-19 due to several factors unique to India. First, high population densities in urban and rural areas would make social distancing and quarantine impossible. Second, many migrant workers have returned from overseas and are traveling within India, negating the impact of a lockdown. Third, daily necessities are purchased from dense markets and small shops, and shutting these down would cause food shortages and panic. The author provides several alternative suggestions to address the virus, such as increased testing, protective equipment for frontline workers, and enlisting private industry to help produce medical supplies.
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The document discusses corruption among politicians in Kashmir and the siphoning of public funds. It argues that revoking Article 370 is not an end in itself and that more needs to be done to address corruption. Statistics are provided showing large expenditures and grants to Kashmir compared to low revenues and poor development outcomes. The author urges the government to take exemplary action against corrupt politicians, scrutinize financial records, improve governance and economic opportunities in Kashmir, and handle the situation with care and fairness to avoid further conflict.
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2. The author notes that India's rich cultural heritage and history of national heroes is often unknown or forgotten. Many contributions to India's freedom struggle came from a diverse range of individuals across religions and social groups.
3. While India has become one of the largest economies, there remains significant hunger and poverty that true nationalism should aim to address. Crony capitalism has benefited the privileged more than addressing issues facing the masses. The rule of law and democracy are also threatened when different rules apply to different groups.
Briefly registers my protest against the proposed implementation of NYAYA by the Indian National Congress. It opposes the very idea of unsustainable cash handouts to the indigent.
Ten takeaways from india state assembly elections 2018Shantanu Basu
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Briefly discusses the telecom and media revolutions in India. The article concludes that a large part of voting in India's next General Election in 2019 would be decided from homes and that such choices would make voters much more conscious of seeking accountability of their elected representatives.
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Adultery Law in India
1. Amity Law School, NOIDA
Adultery as a Ground for Divorce
Name of Author: Kunal Basu
Enrolment no.: A3256113116
Semester: II
Programme: LLB (A32561)
0
2. Index
Introduction ................................................................................................................2
Adultery Law in History ............................................................................................2
Adultery in the Hindu Marriage Act, 1955 ................................................................3
Adultery in the Indian Penal Code .............................................................................3
Adultery in the Criminal Procedure Code .................................................................4
The Legal Position of Parties in an Adultery Case ....................................................5
Early Interpretation of Adultery Law by Courts ........................................................5
Recent Interpretation of Adultery Law by Courts .....................................................6
Standard of Proof in Adultery Cases .........................................................................9
Conclusion ...............................................................................................................11
Citations.…………………………………………………………………………..12
1
3. Introduction
The term adultery comes from the words ‘ad’ (towards) and ‘alter’ (other) combined in
the Latin term, adulteriumi. Halsbury's Laws of Englandii (10th Ed.) states the legal definition of
adultery as, “For the purpose of relief in matrimonial jurisdiction, adultery means consensual
sexual intercourse during the subsistence of the marriage between one spouse and a person of the
opposite sex not the other spouse.”
Adultery Law in History
Provisions relating to, and dealing with, adultery have existed in legal codes from ancient
times. Obviously adultery is as old as humankind. The Code of Ur-Nammuiii (ca. 1900-1700
BCE) deals with the crime of adultery. Verse 6 of the Code lays down that ‘If a man violates the
right of another and deflowers the virgin wife of a young man, they shall kill that male’ whereas
verse 7 states that, ‘If the wife of a man followed after another man and he slept with her, they
shall slay that woman, but that male shall be set free.’ Hammurabi’s Code, dating back to at least
1750 B.C., lays down in verse 129, that ‘If a man's wife be surprised, in flagrante delicto, with
another man, both shall be tied and thrown into the water…’. Verse 130 states that ‘If a man
violate the wife (betrothed or child wife) of another man, who has never known a man, and still
lives in her father's house, and sleep with her and be surprised, this man shall be put to death, but
the wife is blameless’, thereby providing a sort of an immunity to the wife involved in an
adulterous relationship, if she were to be a child, in line with the modern day principle of ‘doli
incapax’.
The Ottoman Penal Code of 1858 that Article 188iv of the Code lays down that ‘He who
has seen his wife or any of his female mahrams, a term which is used to refer to ‘a relative who
is within the prohibited degrees of relationship (i.e. the woman cannot marry the subject)’, with
another in a state of disgraceful adultery and has beaten, injured, or killed one or both of them
will be exempted…’, thereby providing a defence to the husband if he were to kill his wife
and/or her lover on account of having been involved in an adulterous relationship.
Similarly, the 1810 Penal Code of France laid down that ‘…in the case of adultery,
provided for by article 336, murder committed upon the wife as well as upon her accomplice in
2
4. flagrante delicto, in the house where the husband and wife dwell, is excusable’, thereby making
the crime of murdering one’s wife and/or her lover, a good defense in the then French law. The
concerned provision of the 1810 Penal Code of the French, therefore, had a strong resemblance
to the above cited provision of the Penal Code of 1858 of Ottoman origin. These two provisions
of law, that have been done away with since, form the very source for most of the laws in the
Middle Eastern and North African countries that continue to legalize or defend the murdering of
the wives and/or their lovers, by their respective husbands, as a punishment for adultery.
Adultery in the Hindu Marriage Act, 1955
In India, adultery as a ground for divorce is enshrined in S. 13(1)(i)v of the Hindu
Marriage Act, 1955 as follows:
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the
Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of
divorce on the ground that the other party(i) has, after the solemnization of the marriage had voluntary sexual intercourse any person other
than his or her spouse;
However, what constitutes adultery has never been explicitly defined.
Adultery in the Indian Penal Code
Therefore adultery is defined under S. 497 of Chapter XX-Avi of the Indian Penal Code
(IPC) as follows:
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.
This section does not penalize the sexual intercourse of a married man with an unmarried woman
or a widow or even a married woman when her husband consents to it. In case the offence of
3
5. adultery is committed, the husband cannot prosecute his unfaithful wife but can only prosecute
her adulterer. However, since the offence of adultery can be committed by a man with a married
woman only, the wife of the man having sexual intercourse with other unmarried women cannot
prosecute either her husband or his adulteress. Section 497 unequivocally conveys that the
adulteress “wife” is absolutely free from criminal responsibility. She is also not to be punished
(even) for “abetting” the offence. Section 497, by necessary implication, assumes that the “wife”
was a hapless victim of adultery and not either a perpetrator or an accomplice thereof. Adultery,
as viewed under IPC, is thus an offence against the husband of the adulteress wife and, thereby,
an offence relating to “marriage”.
Section-498 (amended in 1976) lays down the punishment for adultery as follows:
Enticing or taking away or detaining with criminal intent a married woman “Whoever has sexual intercourse with a person who is, and whom he or she
knows, or has reason to believe, to be the wife or husband as the case may be, of
another person, without the consent or connivance of that other person, such as
sexual intercourse by the man not amounting to the offence of rape, commits
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.”
Adultery in the Criminal Procedure Code
It is in consonance with this approach that Section 198 CrPCvii mandates a court not to
take cognizance of adultery unless the “aggrieved” husband makes a complaint as follows:
198. Prosecution for offences against marriage.—(1) No court shall take
cognizance of an offence punishable under Chapter XX of the Indian Penal Code
(45 of 1860), except upon a complaint made by some person aggrieved by the
offence:
(2) For the purposes of sub-section (1), no person other than the husband of the
woman shall be deemed to be aggrieved by any offence punishable under Section
497 or Section 498 of the said Code: Provided that in the absence of the husband,
some person who had care of the woman on his behalf at the time when such
4
6. offence was committed may, with the leave of the court, make a complaint on his
behalf.
The Legal Position of Parties in an Adultery Case
Section 497 IPC read with Section 198 CrPC, sets the seal of unequal status of “husband”
and “wife” in the institution of marriage in Indiaviii. It declares that:
a) The accused ( B) had sexual intercourse with a woman (W);
b) The woman (W) concerned was wife of another man (M) having been lawfully married to
him ;
c) The accused (B) knew or had reason to believe that the woman(W) was so married;
d) There was no consent or connivance on the part of the husband (M) of the victim woman.
To illustrate, “B” a boy has sexual relationship with “W” a woman who is the wife of “M” a
man. B the flirt knows it or he has reason to believe that W is the wife of poor M. M has neither
given his consent nor connivance to B for such sexual intercourse. Though such sexual
intercourse by B will not amount to rape, but B shall be guilty to the offence of Adultery. B 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 W wife shall not be punished as an abettor. A famous
example is that of Indian Navy Commander KM Nanavati who shot dead businessman Prem
Ahuja on April 27, 1959, for his illicit relationship with his wife Sylvia. While Nanavati faced
prosecution, Sylvia went scot free (K. M. Nanavati vs State of Maharashtra)ix.
Early Interpretation of Adultery Law by Courts
Immediately after the commencement of the Constitution of India, Section 497 IPC was
assailed on the ground that it goes against the spirit of equality embodied in the Constitution. In
1951, Mr. Yusuf Abdul Aziz, charged with adultery, contended before the Bombay High Court
that Section 497 IPC was unconstitutional as it operated unequally between a man and a woman
by making only the former responsible for adultery, in contravention of Articles 14 and 15 of the
Constitution. This, he argued, discriminated in favor of women and against men only on the
ground of sex. Recalling the historical background of Section 497 and the then prevailing social
5
7. conditions and the sexual mores oppressive to women, and the unequal status of women, the
High Court of Bombay upheld the constitutional validity of the provision. Chagla, CJ, observedx:
What led to this discrimination in this country is not the fact that women had a sex
different from that of men, but that women in this country were so situated that
special legislation was required in order to protect them, and it was from this
point of view that one finds in Section 497 a position in law which takes a
sympathetic and charitable view of the weakness of women in this country."
The Court also opined that the alleged discrimination in favour of women was saved by the
provisions of Article 15(3) of the Constitution which permits the State to make "any special
provision for women and children.
In his appeal to the SCxi, Yusuf Abdul argued that Section 497, by assuming that the
offence of adultery could only be committed by a man and mandating a court that the adulteress
wife be not punished even as an abettor, offended the spirit of equality enshrined in Articles 14
and 15 of the Constitution. Such immunity assured to the adulteress wife (even) for her willing
participation in the adulterous sexual activity, it was argued, did amount to a sort of license to
her to commit and abet the offence of adultery. Vivian Bose, J., speaking for the Constitutional
Bench (comprising M.C. Mahajan, CJ Mukherjea, S.R. Das and Ghulam Hasan, JJ.), like Chagla,
CJ, relying on Article 15(3), held that Section 497 was a special provision made for women and
therefore is saved by Art. 15 (3). To the argument that Article 15(3) should be confined only to
provisions which are beneficial to women and should not be used to give them a license to
commit and abet a crime with impunity, the Apex Court responded:
We are unable to read any such restriction into the clause; nor are we able to
agree that a provision which prohibits punishment is tantamount to a license to
commit the offence of which punishment has been prohibited.
Recent Interpretation of Adultery Law by Courts
More than three decades after the Supreme Court's pronouncement in Yusuf Abdul Aziz
case, constitutional vires of Section 497 was revisited in Sowmithri Vishnu v. Union of Indiaxii. It
was contended that Section 497, being contrary to Article 14 of the Constitution, makes an
irrational classification between women and men as it:
6
8. (i)
confers upon the husband the right to prosecute the adulterer but it does
not confer a corresponding right upon the wife to prosecute the woman
with whom her husband has committed adultery
(ii)
does not confer any right on the wife to prosecute the husband who has
committed adultery with another woman,
(iii)
does not take in its ambit the cases where the husband has sexual relations
with unmarried women, with the result that the husbands have a free
license under the law to have extramarital relationship with unmarried
women.
The Supreme Court rejected these arguments and ruled that Section 497 did not offend
either Article 14 or Article 15 of the Constitution. The Apex Court also brushed aside the
argument that Section 497, in the changed social “transformation” in feminine attitudes and
status of the woman in a marriage, was a flagrant instance of “gender discrimination”,
“legislative despotism” and “male chauvinism”, by opining that it is for the legislature to take
note of such a “transformation” while making appropriate amendments to Section 497. The
argument that Section 497 is a kind of “romantic paternalism” premised on the traditional
assumption that a woman, like a chattel, is the property of man was also rejected by the Court.
The woman petitioner also argued that the right to life, as interpreted by the Supreme
Court in the recent past, includes the right to reputation and the absence in Section 497 of the
provision mandating the court to hear the married woman with whom the accused has allegedly
committed adultery violates her constitutional right to life under Article 21. Assuming that the
right to be heard is concomitant with the principles of natural justice and believing that a trial
court allowed the married woman to depose her say before it recorded adverse findings against
her, the Apex Court held that the absence of a provision mandating hearing the adulteress wife in
Section 497 did not make the section unconstitutional. The Apex Court observed as follows,
hinting perhaps at the need for an executive re-look at this seemingly antediluvian law:
The alleged transformation in feminine attitudes, for good or for bad, may justly
engage the attention of the law-makers when the reform of penal law is undertaken.
They may enlarge the definition of 'adultery' to keep pace with the moving times. But,
until then, the law must remain as it is. The law, as it is, does not offend either
7
9. Article 14 or Article 15 of the Constitution. Incidentally, the demand of the petitioner
that sexual relationship of a husband with an unmarried woman should also be
comprehended with the definition of 'adultery' is a crusade by a woman against a
woman. If the paramour of a married woman can be guilty of adultery, why can an
unmarried girl who has sexual relations with a married man not be guilty of
adultery? That is the grievance of the petitioner.
In V. Revathi v. Union of Indiaxiii this disability was relied upon by a wife to challenge the
constitutional propriety of Section 198(2) read with Section 198(1) CrPC, which, as mentioned
earlier, empowered the husband of the adulteress wife to prosecute the adulterer but did not
permit the wife of an adulterer to prosecute her promiscuous husband. Probably realizing that the
section also did not permit the husband of the adulteress wife to prosecute her for her infidelity
and recalling the ratio of Sowmithri Vishnu case, she asserted that whether or not the law
permitted the husband to prosecute his disloyal wife, the wife could not be lawfully disabled
from prosecuting her unfaithful husband. Such a statutory provision that is premised on gender
discrimination in contravention of the gender equality guaranteed in the Constitution was, the
petitioner wife argued, unconstitutional as it amounted to “obnoxious discrimination”.
Upholding the constitutionality of Section 497 IPC and Section 198(2) CrPC, which according to
the Court "go hand in hand and constitute a legislative packet" to deal with "an outsider" to the
matrimonial unit who invades the peace and privacy of the matrimonial unit, Thakkar, J. of the
Apex Court observed:
The community punishes the ‘outsider’ who breaks into the matrimonial home
and occasions the violation of sanctity of the matrimonial tie by developing an
illicit relationship with one of the spouses subject to the rider that the erring
‘man’ alone can be punished and not the erring woman. ... There is thus reverse
discrimination in ‘favour’ of the woman rather than ‘against’ her. The law does
not envisage the punishment of any of the spouses at the instance of each other.
Thus there is no discrimination against the woman insofar as she is not permitted
to prosecute her husband. A husband is not permitted because the wife is not
treated as an offender in the eye of law. The wife is not permitted as Section
198(1) read with Section 198(2) does not permit her to do so. In the ultimate
8
10. analysis the law has meted out even-handed justice to both of them in the matter
of prosecuting each other or securing the incarceration of each other.
In Earnest John White Vs Mrs. Kathleen Olive White and Others, 1958 SCR 1410: AIR
1958 SC 0441xiv, the wife went to Patna and stayed with Respondent No. 2 under an assumed
name. They occupied the same room, i.e., room No. 10. . The husband filed for dissolution of
marriage on the ground of her adultery. The trial court had granted the divorce and High Court
had reversed the decree of divorce. Upon appeal, SC held that there was undoubtedly a guilty
inclination and passion indicated by the conduct of Respondent No. 2 and there is no contrary
indication as to the inclination and conduct of the wife. On the other hand her conduct as shown
by the evidence was so entirely consistent with her guilt as to justify the conclusion of her having
committed adultery with respondent No. 2 and therefore the finding of the Courts below as to the
guilt should be reversed.
In Hirachand Srinivas Managaonkar Vs Sunandaxv, AIR 2001 SC 1285 : 2001(2)SCR 491 :
2001(4) SCC 125 : 2001(2) SCALE 514 : 2001(3) JT 620, the appellant was the husband of the
respondent. On the petition filed by the respondent under section 10 of the Act seeking judicial
separation on the ground of adultery on the part of the appellant, a decree for judicial separation
was passed by the High Court of Karnataka on Jan 6, 1981. In the said order the Court
considering the petition filed by the respondent, ordered that the appellant shall pay as
maintenance Rs.100/- per month to the wife and Rs.75/- per month for the daughter. Since then
the order was not complied with by the appellant and the respondent did not receive any amount
towards maintenance. Thereafter, on Sep 13, 1983, the appellant presented a petition for
dissolution of marriage by a decree of divorce on the ground that there had been no resumption
of cohabitation between the parties to the marriage for a period of more than one year after
passing of the decree for judicial separation. The SC held that the husband who continued to live
in adultery even after the decree at the instance of wife could not succeed in his petition seeking
decree for divorce and that S. 23(1)(a) barred the relief.
Standard of Proof in Adultery Cases
The charge of adultery, like all other criminal charges, requires strict proof. As the law
presumes innocence till the guilt is proved the party alleging adultery must bear the burden of
9
11. proving the charge. As Lord Atkin said in Ross v. Ross, 1930 AC 1, “That there were
opportunities for committing adultery is nothing: there must be circumstances amounting to
proof that opportunities could be used.” The charge of adultery, in absence of any direct
evidence, can be generally proved by producing presumptive evidence like:
a. Circumstantial evidence
b. Evidence of non-access and birth of children
c. Contracting venereal diseases
d. Evidence as to non-access and birth of a child
e. Evidence of visits to brothels
f. Confession and admission to parties
g. Preponderance of probability
While the courts acknowledge that adultery by its very nature is generally a secret act
where direct evidence is almost impossible, Madras High Court in Dr. Dwaraka Bai vs. Nainan
Mathewxvi observed that “It is unreasonable to expect direct evidence regarding such an act like
adultery. It will be almost always committed behind closed doors and without witnesses.
Therefore, circumstantial evidence is all that can be normally forthcoming regarding adultery.
The circumstantial evidence thus produced must however be convincing to the court which
should be left in no reasonable doubt regarding the fact of adultery.” The Orissa High Court
endorsed this view of the Madras High Court by stating “To prove factum of adultery direct
evidence is not necessary, it can be proved by oral documentary of circumstantial evidence from
which the Court can draw inference beyond reasonable doubt that the opposite party had
adulterous relationship with the third person.” In White v. White, : [1958]1SCR1410 , while
considering similar provisions of the Indian Divorce Act where similar words in Sections 14 and
7 are used, the Supreme Court following the case of Preston-Jones v. Preston Jonesxvii, 1951 AC
391, held
'that the standard of proof in divorce cases would be such that if the Judge is
satisfied beyond reasonable doubt as to the commission of a matrimonial offence,
he would be satisfied within the meaning of Section 14 of the Act. The terms of
Section 14 make it plain that when the Court is to be satisfied on the evidence in
10
12. respect of matrimonial offences the guilt must be proved beyond reasonable doubt
and it is on that principle that the Courts in India would act.'
Regarding the proof of adultery the Madras High Court in Kasturi-Vs-Ramaswami 1979
Cr.L.J 741 observed that sexual intercourse being the gist of offence, direct evidence of an act
of adultery was extremely difficult to find. Direct evidence even when produced would lead the
court to look upon with suspicion as it was highly improbable that any person could witness such
acts which are generally performed with utmost secrecy. In A Jayachandra v Aneel Kaurxviii case
of 2004, the SC had held, “To constitute cruelty, the conduct complained of should be ‘grave and
weighty’ so as to come to the conclusion that the petitioner spouse cannot be reasonably
expected to live with the other spouse. It must be something more serious than 'ordinary wear
and tear of married life’.”
Conclusion
Notwithstanding major changes in social mores and the emergence of hitherto unknown
(in India) forms of relationships, including online social media and same sex, Indian courts have
consistently upheld the constitutional validity of Section 497, ostensibly to keep women out of
the purview of criminal law. It is obvious that no adultery can be committed unless a woman is a
consenting partner. The judicial perception that only a man can be “an outsider”, who has
potential to invade the peace and privacy of the matrimonial unit and to poison the relationship
between the unfaithful wife and her husband, therefore, seems to be, with due respect, less
convincing and unrealistic. “An outsider woman”, can, like “an outsider man”, be equally
capable of “invading” the matrimonial peace and privacy as well as of “poisoning” the
relationship of not only her own matrimonial home but also that of her paramour.
Similarly, the judicial opinion that Section 198(1) read with Section 198(2) CrPC,
disqualifying the wife of an unfaithful husband for prosecuting him for his promiscuous
behavior, with due respect, is unconvincing and illogical. Such judicial reasoning, in ultimate
analysis, unfortunately endorses the patriarchal, property-oriented and gender-discriminatory
penal law of adultery. It conveys that a man is entitled to have exclusive possession of, and
access to, his wife's sexuality, and a woman is not eligible to have such an exclusive right and
claim over her husband. She is, therefore, not entitled to prosecute either her promiscuous
11
13. husband or the “outsider woman” who has poisoned (or colluded with her promiscuous husband
to do so) her matrimonial home. The Apex Court, thus, failed to take contemporary insight of
this gender-biased law of adultery although it has, from time to time, asserted that it is for the
legislature to take cognizance of the social “transformation” and not for it. What is even more
surprising is that the Apex Court has not hesitated in steadily expanding the scope of Art. 21 for
all Indians, including women.
Bibliography
Indian Penal Code
Criminal Procedure Code
Citations
i
K.I. Vibhute: "Adultery" in the Indian Penal Code: Need for a Gender Equality Perspective
(2001) 6 SCC (Jour) 16, available at http://www.ebc-india.com/lawyer/articles/2001v6a3.htm on Jan 11,
2014
ii
AIR 1970 Mad 434, available at http://indiankanoon.org/doc/1364110/ on Jan 11, 2014
iii
The
Ur-Nammu
Law
Code
available
http://realhistoryww.com/world_history/ancient/Misc/Sumer/ur_nammu_law.htm on Jan 11, 2014
at
iv
Lynn Welchman: Extracted provisions from the penal codes of Arab states relevant to ‘crimes of honor’
available at http://www.soas.ac.uk/honourcrimes/resources/file55421.pdf on Jan 11, 2014
v
Hindu Marriage Act, 1955, available at bokakhat.gov.in/pdf/The_hindu_marriage_act.pdf on Jan 11,
2014
vi
Indian Penal Code, 1960, available at http://indiankanoon.org/doc/1569253/ on Jan 11, 2014
vii
Section
198
in
The
Code
Of
Criminal
http://indiankanoon.org/doc/854390/ on Jan 11, 2014
viii
Procedure,
1973,
available
at
K.I. Vibhute: op. cit.
ix
1962 AIR 605, 1962 SCR Supl. (1) 567, available at http://indiankanoon.org/doc/1596139/ on Jan 12,
2014
x
AIR 1951 Bom 470, (1951) 53 BOMLR 736,
http://indiankanoon.org/doc/430784/ on Jan 11, 2014
xi
ILR
1952
Bom 449,
available
at
1954 AIR 321, 1954 SCR 930, available at http://indiankanoon.org/doc/1343950/ on Jan 11, 2014
xii
1985 AIR 1618, 1985 SCR Supl. (1) 741, available at http://www.indiankanoon.org/doc/449750/ on
Jan 11, 2014
xiii
1988 AIR 835, 1988 SCR (3) 73 available at http://indiankanoon.org/doc/921415/ on Jan 11, 2014
xiv
1958 AIR 441, 1958 SCR 1410, available at http://indiankanoon.org/doc/1064251/ on Jan 11, 2014
xv
SC Appeal (civil) 1473 of 1999, available at http://indiankanoon.org/doc/1872470/ on Jan 11, 2014
AIR 1953 Mad 792 available at http://indiankanoon.org/doc/210422/ on Jan 11, 2014
xvi
12
14. xvii
AIR 1966 MP 252 available at http://www.indiankanoon.org/doc/136076/ on Jan 11, 2014
xviii
Case No. Appeal (civil) 7763-7764 of 2004 available at http://www.indiankanoon.org/doc/1178711/
on Jan 11, 2014
13