Section 497 of the Indian Penal Code, 1860, deals with the crime of adultery. The Section provides that when a man enters into a sexual relationship with a married woman it amounts to adultery. While the Section punishes the man who enters into such as relationship, the woman is not punished for the same, neither as an offender nor as an abettor.
Section 497 states that: 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.
In the case of Yusuf Abdul Aziz v State of Bombay (1954), the Supreme Court in a five judge bench, held the given provision to be valid on the ground that Article 15(3) of the Constitution permits special laws for women and children and hence is not gender discriminatory.
Section 497 states that: 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.
In the case of Yusuf Abdul Aziz v State of Bombay (1954), the Supreme Court in a five judge bench, held the given provision to be valid on the ground that Article 15(3) of the Constitution permits special laws for women and children and hence is not gender discriminatory.
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