As per Indian Law, is even consensual sex with married woman ,by other than husband, is punishable offence?

Question

This question is for legal fraternity. I understand that sex with married woman, by other than her husband, is an offence and punishable by law. Is it true? Why only man is held responsible? Does woman go scot free?

Which section of Indian Penal Code or any other law covers this aspect. If it is punishable, what is the quantum of punishment. I seek help from legal persons.

There are other sex related offences. Like carnal sex is not allowed even with a consent. Or consensual sex with a minor girl is treated as a rape.

These cases are known. But not much is known about the sex with a married woman.

I had posed this question earlier too but not much of success.

Answer 1

I don't know when you first posted this question & how it missed my viewing. Any how let me clarify things for you now. Firstly lets see what section 497 of the Indian Penal Code says 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.
Now things are very clear in this section that when any man indulge in sex with a married lady even with her consent he is committing adultery an punishable offence under this section & face imprisonment upto five years & fine. What all this section provides that in case this sex is done without the permission or consent of the husband of this married lady. The second point that this section makes very clear that such a married lady shall not be held guilty for the offence of abetment of such an offence of adultery. Now let’s come to your second question with regards to consensual sex with a minor girl being treated as Rape. Section 375 defines rape let see what it says Rape.--A man is said to commit "rape" who, except in the
case hereinafter excepted, has sexual intercourse with a woman under
circumstances falling under any of the six following descriptions:-

First.-Against her will.

Secondly.-Without her consent.

Thirdly.-With her consent, when her consent has been
obtained by putting her or any person in whom she is interested
in fear of death or of hurt.

Fourthly.-With her consent, when the man knows that he is
not her husband, and that her consent is given because she
believes that he is another man to whom she is or believes
herself to be lawfully married.

Fifthly.-With her consent, when, at the time of giving such
consent, by reason of unsoundness of mind or intoxication or the
administration by him personally or through another of any
stupefying or unwholesome substance, she is unable to understand
the nature and consequences of that to which she gives consent.

Sixthly.-With or without her consent, when she is under
sixteen years of age.

Explanation.-Penetration is sufficient to constitute the sexual
intercourse necessary to the offence of rape.

Exception.-Sexual intercourse by a man with his own wife, the
wife not being under fifteen years of age is not rape.

The sixth part as stated above clearly says if any one indulge in sex with a girl less then sixteen years with or without her consent will be held & punished for committing Rape. As far the carnal sex is not allowed even with consent is wrong impression with you & let me clarify that too. Its not carnal sex but carnal sex against the nature, section 377 of the IPC provides Unnatural offences.--Whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or animal,
shall be punished with [imprisonment for life], or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

Explanation.-Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.
What all is carnal sex against the order of nature? On this the courts in India has held, anal sex,oral sex & even using any other part of the human body other then Vagina for sex is unnatural sex,what it means that & has been held that asking another person to use his or hand or fist to fulfill the pleasure of sex is against the nature. Now this against the order of nature means indulging in sex with other then a woman by a man for sex, so sex with another man or animal is also sex against the nature. Does it include sex between two women’s? This question has not been in question till now but as the definition of this provision provide the penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.
What it can be construed from it that penetration of the penis used by a man in any part of the body other then vagina; hence this privilege is not available to the women to do so hence their indulgence of sex amongst themselves may not be covered under this section unless they use some other object for penetration other then human/man penis. This is my view. Hope all these informations given by me will be sufficient for your knowledge.

Answer 2

The law differs among the various Indian Nations. I am Shawnee, a matrilineal society, so I decide who I wish to sleep with, married or not. I chose to sleep with only my husband. Men are required to do as the women wish AND as the woman's father desires. If the husband disobeys, the wife may do what she pleases with him, anything from giving away his things, divorce, and in same cases, even death has been the punishment. Sex among children is not only forbidden, but is punishable by death. This includes children under 18 these days. My husband is a Scotsman but his mother is a practicing Cherokee of the Broadhead Peoples. In her culture, the men are punished for their misbehavior as well as that of their wives. That's because they have been failing to keep their households in order. Punishment is up to the Council and it can be harsh.

Answer 3

Sex with a married women without consent or connivance of her husband is punishable under Sec. 497 IPC even if the women is a willing participant in the sexual act. this offence carries punishment of 5 years imprisonment.

Unnatural sexual acts like oral, anal, sodomy, etc are punishable under Sec. 377 IPC which carries imprisonment of upto 10 years.

Sex with a girl below the age of 16 is considered as rape under Sec. 375(6) IPC and is punishable with life imprisonment or imprisonment not less then 7 years.

The offence of adultery is applicable only to men and this was upheld by the supreme court of india in Revathi vs. Union of India.

If you take a marrried women away from her husband for the purpose of sex with her consent you will be punshied under Sec. 498 IPC which is punishable with upto 2 years imprisonment.

Answer 4

My friend said that it is because women are seen as less than a man and because of this seen as not having as good of judgement as men therefore meaning that the man should have known better in case the woman did not. I think both should be punished though because i think that adultury is very wrong as is sex with minors.

Answer 5

Our lawyer friend has explained it in detail with reference to provisions in our Law. Morethan law, we should be ashamed to indulge in such practises. Let us try to live in a society where moral, spiritual and ethical values drive our passions and desires. We have always found references for all good and bad things in our puranas. But a modern society in which we live should set good examples for our next generations and feel proud of their forefathers. So please do not peep into neighbourhood bed rooms. Be a good boy!

Answer 6

While adultery is a minor felony in every jurisdiction of the United States, it is seldom enforced. It can, however, be used as grounds for divorce or for proving unfit parenthood in a custody case.

Answer 7

Sex with anyone else is a wrong offense other that the right full partner. Both parties will suffer the consequences. Ill marital sex = cheating.

Answer 8

As long as it is with an adult and its with her consent - NO.

But with so many unmarried females arnd, why go after a married lady?

Answer 9

why r u going after a married women when u have a lot of unmarried girls. pick a poor girl & get married there is no question of any offenc e.

Answer 10

in the legal system man or women if you break the law you go to jail
in north america anyway and sex with any minor you should go to jail