Home Forums Adultery Is section 497 is removed?

2 replies, 3 voices Last updated by KISHAN RETIRED JUDGE 4 months, 2 weeks ago
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  • #4582

    Yash tichukale
    Participant
    @y@sh123

    I heard section 497 is removed? Is section 497 is removed?

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    #4601

    Adv. Priya Lohakare
    Participant
    @priyalohakare

    Yes, it is removed unanimously by the constitution bench on 28 September 2018.

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    #39856

    KISHAN RETIRED JUDGE
    Participant
    @KishanRetiredJudge

    Dear Sir,
    Yes, but they aggrieved husband may take action against such guy who is having adulterous relationship with his wife may file a complaint under Section 498 of Indian Penal Code.
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    497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

    498. 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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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