Can section 497 IPCbe put on a man after he got an acquittal from section 376?

[Anonymous]

A lady had an extra marital affair with a man and shared a consensual
physical relationship. Later on, when her husband came to know about
it, she filed a complaint against that man under section 376, 506. Now
my question to you is if that man gets an acquittal from section 376,
can that lady’s husband later on file for adultery under section 497??
Please reply on an urgent basis. Thanks

[Dr. Ashok Dhamija]

For the same act, it is not possible to register two FIRs or conduct two trials. You can use Section 300(1) of Cr.P.C. in your support, which lays down as under:

“300. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been convicted under sub-section (2) thereof.”     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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