National policy on criminal justice has recommended that adultery should be treated as a social rather than a criminal offence. At present, adultery is punishable by imprisonment up to 5years & fine under section 497 of IPC. What are your comments regarding this recommendation. I personally agree with this recommendation. Please this is a very serious issue & gives mature comments only.
2007-02-13
18:04:47
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25 answers
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asked by
vijay m Indian Lawyer
7
in
Family & Relationships
➔ Marriage & Divorce
This news is regarding India , where adultery is a crime punishable by imprisonment & fine.
2007-02-13
18:11:09 ·
update #1
Thanks for all your comments. This legal position is regarding India & I would like some Indians to also give their comments.
2007-02-13
19:48:28 ·
update #2
What exactly is the meaning of adultery?. Going with someone who is not married to you? If the person to whom you are married is not capable ...is harassing you..is making your life hell..is literally killing you everyday emotionally...but still you have to live the life for the sake of children..then you need a source of inspiration. If someone else is ready to really..love you..in the real sense I mean..forgetting that you are married...is ready to support you in all the aspects..like a friend..like a relative..then is this called the so called adultery that is punishable under law?.
Adultery should become a crime when wife or a husband cheats on his partner..even when things are right back home..just for the sake of lust if they are running out of the family bonds..then that is wrong. If a husband is spending a considerable amount of his income on some other lady..by putting his own family under financial burden..then that is a crime. But if none of these things are involved and if this so called 'adultery' is infact helping a person to come up in life..face his/her life...to lead a more cool life for whatever no. of years..then I dont think 'adultery' should be considered as a crime..
2007-02-14 22:42:32
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answer #1
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answered by Saheli 2
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Hello Sir, I have a lot of doubts in Adultery?
Two persons are love each other, they want to marry each other, but parents are not accepted their marriage, She got married force by her parents. She couldn't compromise with that marriage. So, she decided to live with her lover. Then my doubts are
Is it punishable?
And is it adultery?
Is there any solution for these two persons(lovers)?
2014-05-07 08:12:33
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answer #2
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answered by srikumar 1
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2016-06-03 06:33:26
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answer #3
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answered by Jessica 3
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I am not Indian, but I would like to say that while adultery is unequivocably a bad thing, I think the main thrust behind de-criminalizing it is to free up police, courts, and jail space for crimes that are more obviously harmful to society as a whole. Also in many places strict adultery laws are used to terrorize women but not enforced against men. I do not know if this ever happens in any part of India, but I know that it does happen in the world.
2007-02-21 14:53:06
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answer #4
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answered by Robin 4
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1.As long as the marriage is licensed and oaths are sworn the parties put themselves under law just like a witness in the box. If he lies its perjury and that is not a social offense.
2, The family is the foundation and the first building block of any nation. Laws must be put in place to make it difficult to break or shake that foundation. Stability of the home is crucial to the sound development of any child.
3. If by labelling adultery a social offense, the intention is to reduce or remove harsh punishments, the society is shortchanging itself by trivializing the experience of marriage.
4 People from all over the world come to contribute to the growth and development of this country. Leniency in marriage laws would definitely make it that much more difficult to adjust. Imagine the culture shock for someone who comes from a society where adultery is punishable by death. 5years and a fine would seem a better option than whatever punishment a social offense would attract.
4. Banks proudly declare their business is run on trust. A breach of such trust is punishable by law as a criminal offence. Adultery is a breach of trust in many ways than one.
6. The entire society run the risk of increased juvenile delinquency with every marriage that breaks down. In as much as breakups affects the Psyche ,development and growth of the child torn emotionally by it, adultery maybe indirectly responsible for the decadence, violence, and deviant criminal behavior coming from children of the breakup.Adultery should be seen as a catalyst for criminal behavior and therefore not be considered a social offense.
2007-02-13 19:03:32
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answer #5
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answered by wemimo 2
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This is a sin against God Almighty. Not against civil government but it should be a criminal offense. Look at all the hurt that is caused by adultery. Mankind will not listen to God, maybe we need keep our laws to enforce what God has said. Keep it a criminal offense. The divorce rate might go down and the children might keep both their parents. We all need to think with our heads not the lower parts of our body's.
2007-02-13 18:24:35
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answer #6
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answered by pappyg 6
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I agree with phem.
As a Christian and an American, I agree with a separation of church & state. When I think about the Clinton's, Hilliary forgave her husband for all his indiscretions, affairs, etc. The law would say that her husband has to go to prison when she wants to forgive him? Some people question her decision to stay with him but I believe that's between them & God. And the Word says whom God brings together let no man tear apart. (It use to be that divorces were harder to get at one day and age in this country in some states, too.) The Bible says adultery is grounds for divorce but is not mandatory. It is recommended that the two work thru & past the "for worse" times. Also, the Word says that if any man has looked at a woman to lust for her, he has commited adultery in his heart with her. (Matt. 5:28) Therefore, he needs to confess this unfaithfulness in his heart to the Lord & ask for forgiveness just as if he physically performed the act.
Someone said that those who commit adultery put a strain on their families & in-laws, etc. Well, I've known of relationships where the in-laws were the ones that were coming between & tearing couples apart by not respecting the relationship or the son-in-law, or daughter-in-law, etc. Therefore, putting a strain on the relationship, etc., too. And some have been malicious enough to make up stuff to try to look like the good guys & the other bad. Also, the Bible equates meddlers with murders & theives. And God knows what meddling is pure malicious & fabricated because of an injust personal reason.
Family is the foundation? Then from what he's saying about that, it sounds as if he's saying that it should be illegal for unwed couples to live together or have a child & so forth. What about the ones that are like common law husbands & wives cuz they live together, have children but decide not to marry? What happens when they cheat in that relationship? What about guys that impregnate girls & don't marry them or stay in a relationship with them? on & on....
2007-02-13 18:14:45
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answer #7
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answered by Nocine 4
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I did not know that Adultery was a criminal offense. I have never heard of anyone getting arrested for it. But it is a good idea. Maybe people would think twice before committing adultery and therefore, there would fewer divorces.
2007-02-13 18:16:10
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answer #8
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answered by Dyan 4
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Thou shalt not commit adultery. It's one of the Ten Commandments. It's a crime against God and man.
Adultery is a serious offense. Many people can be hurt by it. For married couples, it tears the very fabric of "the family" apart. Children suffer, in-laws, relatives and friends can be affected by what adulterers do. Even creditors feel the effects when bills go unpaid.
If you can't trust your spouse, who can you trust?
2007-02-13 18:29:09
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answer #9
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answered by Call Me Babs 5
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I agree as well. Adultery is an offence when 1 couple has signed the marriage agreement. I believe the agreement did state that both must be loyal to each other! If they don't the have broke the agreement and someone have to pay for it!
2007-02-13 18:10:39
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answer #10
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answered by Cathy 3
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