Print Article : Adultery- The Need for Change in IPC

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Adultery- the need for change in IPC

Source : Source : http://www. Author : Author : payalagarwal.alsn Published on : on : March 19, 2011

Adultery- the need for change in IPC  In the state of nature...all men are are born equal, but they cannot  continue in this equality. Society makes them lose it, and they recover it only by the protection of the law. law. - Charles de Montesquieu

payalagarwal.alsn's Profile and details payal agarwal hello, i am a IIIrd year student in amity law school, noida.

‘Marriages are made in heaven’. Over centuries this has been believed and marriage has always been considered as the building block of the society and its sanctity has been accepted and respected in all societies and across cultures. But these days due to unrealistic expectations about marriage, curiosity, curiosity, lost sense of fun and excitement in the marriage, addiction to physical intimacy, intimacy, inability to accommodate a partner’s partner ’s needs, interests or expectations, inability to communicate one’s own interests, needs or desires, boredom with the marriage, work, lack of verbal skills or motivation to solve relationship problems together, people seem to drift away from their marriage and start searching for a new partner in whom they find happiness and satisfaction. This has been seen more so in the urban areas as compared to the rural areas probably because of the modern lifestyle in urban areas. area s. This emerging trend is wrong and will only devastate the institution of marriage. Though the law in India makes a thorough attempt to preserve the sanctity of marriage but there are lot of lacunas and loopholes. Infact law needs to change with the changing needs of  the society. society. Codes and laws formulated in the nineteenth century have to be amended with time. They need to be introspected and revised if the need be. Otherwise, it will lead to a stagnant society, society, which will not develop and broaden its outlook. One such provision of IPC which needs deliberation is Section 497, Indian Penal Code, refers to adultery. adultery. Adultery in this section has been defined as – “Whoever has sexual intercourse with a person who is and whom he knows or has a reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse intercourse not  not amounting to 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 su ch a case, wife shall not be punishable as an abettor.” History Originally the section did not find a place in the first draft of Penal code prepared by Macaulay. His reasons for not including it were as follows : “We “We considered whether it would be advisable to provide a punishment for adultery, adultery, and in :00A5##BBBC34>=3D4-E.24D./6.=C2=3D4-E.24D./6.=C2=3D4-E.24D./6.=C2=3D4-E.24D./6.=C2