Section 497 in The Indian Penal Code, 1860
497. Adultery.—
Whoever has sexual intercourse with a person who is and whom he knows ... true equality. “Equality is overthrown by adopting the sanctions of penal code to a gender-based approach to the relationship of man and woman. Sexual
adverting to the constitutional validity of Section 497 of the
Indian Penal Code ( IPC ) and Section 198 of the Code of Criminal
Procedure ... noted that:-
“Prima facie, on a perusal of Section 497 of
the Indian Penal Code, we find that it grants
relief to the wife
Kanta Roy Choudhury,
the complainant in the case under a. 497, Indian Penal Code ,
against B. K. Sen. Furthermore, they had also examined Tarak
Nath ... Sessions Judge directing
further enquiry in the case under s. 497 , Indian Penal Code.
An important question to be decided in that proceeding was
whether
having
committed the offence punishable under Sections 366 , 376 , 497
of Indian Penal Code (hereinafter referred to as " IPC ").
::: Downloaded ... basic principle and ingredients of
section 198(2) Cr.P.C as well as Section 497 IPC and as such,
great prejudice
offence punishable under [ section 494 or section 495 ] of the Indian Penal Code (45 of 1860) is the wife, complaint may be made ... shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual inter-course
charge under Sections 120-B , 380 and 497 of the
Indian Penal Code, 1860 (in short ' IPC ') (though ... corroborate the version of the complainant.
Further as per Section 497 of Indian Penal Code "
Whoever has sexual intercourse with a person
jurisprudence.
10. Chapter XX of the Indian Penal Code deals with 'Offences Relating to Marriage'. Section 497 of the IPC, with ... remedy against each other within the confines of Section 497 of the Penal Code, that is to say, they cannot prosecute each other for adultery
that this Court
has undoubtedly proceeded to find Section 497 of
the Indian Penal Code, 1860 (hereinafter referred
to as ‘ IPC ’ for brevity ... Section 497 IPC
and Section 198 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
‘ Cr.P.C .’ for brevity
that this Court
has undoubtedly proceeded to find Section 497 of
the Indian Penal Code, 1860 (hereinafter referred
to as ‘ IPC ’ for brevity ... Section 497 IPC
and Section 198 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
‘ Cr.P.C .’ for brevity
whereby the Petitioner has been summoned under
Section 497 of the Indian Penal Code, 1860 (' IPC ' hereinafter) in
Complaint Case ... Ashok Kumar Singh. Thereafter, he filed the Criminal
Complaint under Section 497 IPC.
6. The learned M.M. after recording the pre-summoning
