My Name is Surya. its about my cousins problem who is facing this since March,2017. My Cousin Mr. Vijay found a cell which is belongs to his wife who is maintaining mobile phone with out knowing to her husband ( Vijay ). One day Vijay noticed she had conversations with nearly 6 men and noticed she is continuing Illegal affairs with them. After finding this Mr. vijay registered online compliant and in this process vijay got call from the police station to know the facts subsequently one of the ASI went to Vijay’s wifes house and taken statement from her ( as per her verbal information ) she agreed all illegal contacts are true and signed across and taken other 2-3 signatures from the relatives. we asked the statement through RTI act, but after 1 and half month he received reply to the RTI application saying we have not registered any FIR due to its is non cognizable offence. Please suggest.
The offence of adultery is defined under Section 497 of the Indian Penal Code (IPC). This section is reproduced below:
“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.”
It can clearly be seen from this section that the wife, who indulges in the act of adultery, shall not be punishable for this offence. It is only other male person with whom she has sexual intercourse, who can be punished under Section 497 IPC.
Please also see: Adultery under S. 497 IPC whether violative of right to equality? In this article, I have explained how the above unequal treatment has been held to be not violative of the right to equality guaranteed under the Constitution of India. Therefore, Section 497 IPC has been held to be a valid section under the Constitution of India.
In view of the above, FIR for the offence of adultery under Section 497 IPC cannot be registered against the wife of your friend Vijay. However, your friend Vijay can file complaint under Section 497 IPC against other men with whom his wife was alleged to have had sexual intercourse. Such other men can be punished for this offence.
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