Parinati Mishra, Rajiv Gandhi National University of Law
1. INTRODUCTION
This project work entails to elaborate upon the crime of adultery, relevant cases, its decriminalization and how the jurisprudence around it has revolved. In the Indian Penal Code of 1860, Adultery has been defined within Section 497 and the provision is as follows: “Whoever has sexual intercourse with a person who is andwhom he knows or has reason to believe to be the wife of another man, without theconsent 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.1” As it can be construed from the terms of the statutory provisions that it is quite discriminatory in nature and thus, had been in controversy for a long period of time.The term ‘adultery’ has originated from the French word ‘avoutre’, which has further evolved from the Latin verb ‘adulterium’ that basically meant to corrupt. The Penal Code was framed by the British colonialists and it had emanated from the concept of Victorian morality during which women were considered to be the property of men; the provision was a clear reflection of this. Even though the relationship was consensual, the offence, as per the provision, could be committedonly by the adulterous man.
