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INDIAN KANOON SECTION 497 IPC - Indian Penal Code - Adultery

  • Description

    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.


    Applicable Offences

    Adultery
    Punishment - 5 Years or Fine or Both
    This is a Bailable, Non-Cognizable offence and triable by Magistrate First Class

    This offence is compoundable by The husband of the woman .


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Nagesh B L

  Nagarathpete
 Experience: 23 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years


Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years


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