Illicit relationships are forbidden by law.
No one can involve in your romantic relationships before marriage, whether your relationship is true or not it is still lawful.
However when you are married you are by law bound to only one person.
If you have a relationship with some other person other than your wife or husband that relationship is known as illicit relationship and is forbidden by law.
This relationship is illegal and unlawful.
Illicit relationships are :
- Relationship between married man and married woman.
- Relationship between siblings.
Section 497: 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.
Only man was used to be criminally liable for adultery , On woman this section never applied.
Ingredients of Section 497.
- Woman is not liable for adultery only man was used to be criminally liable for adultery.
- When unmarried woman and married man have sexual intercourse this law does not apply.
- No offence if married woman had intercourse with some other man by the consent of her husband.
- Only the husband of the woman who has sexual intercourse with another married man can file a case against that man.
Adultery was a criminal offence earlier but later litigations were prayed to decriminalise it.
As adultery is against Article 14 and Article 15 of the Constitution Of India.
Article 14 is Right to Equality.
Article 15 is Prohibition of discrimination on grounds of religion, race , caste, sex ,place of birth or any of them.
Old Rule :Punishment for adultery was imprisonment for a term which may extend to five years or with fine or with both.
New Rule :If the party challenging this section can prove that the case is violative of Article 14 then this section will struck down.
Now Adultery is only a ground of divorce and not a criminal offence.
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