Decriminalization of Adultery in India

  • Dr. Poornima Eknath Surve
  • Show Author Details
  • Dr. Poornima Eknath Surve

    Professor at Dr D.Y Patil College of Law, Nerul, Mumbai, India

  • img Download Full Paper


Adultery, is the voluntary sexual intercourse of a married person with a third person other than the spouse. Under Indian law, Section 497 IPC makes adultery a criminal offence, and prescribes a punishment of imprisonment upto five years and a fine. The offence of adultery under Section 497 is very limited in scope as compared to the misconduct of adultery as understood in divorce proceedings. The offence is committed only by a man who had sexual intercourse with the wife of another man without the latter’s consent or connivance. The wife is not punishable for being an adulteress, or even as an abettor of the offence.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 900 - 903


Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021