criminal
complaint filed for offence punishable under Sections
494 , 497 and 120(B) of the Indian Penal Code
(henceforth ' IPC ... attract the penal provision
under Section 494 of the IPC. Likewise, provision for
adultery contained in Section 497 of the IPC
held that such a presumption could be
drawn under Section 114 of the Evidence Act.
15. Where the partners lived together for long spell ... with
the exception of 'adultery' as defined under Section
497 IPC. At this juncture, we may refer to the
decision given
void ab initio-
This is so by virtue of Section 11 , read with Section (5)(i) of
the Act, the marriage is void opsojure. Such ... meaning of 'adultery' can only be
derived from Section 497 , IPC to mean, whoever has sexual
intercourse with a person
amounted to adulterous intercourse which is an offence under Section 497 of the Indian Penal Code and consequently the object of the gift was forbidden ... amounted to an offence of adultery as provided in Section 497 of the Indian Penal Code. No such plea was raised by the defendant
respondent No. 1 and Manohar Lal Kumawat for offence under Section 497 IPC. The order dated 31 10-1986 by which cognizance
found.
7. The Tehsildar initiated proceedings under Section 67 of the U.P. of the Revenue Code, 2006 against the petitioners on the basis ... present District Magistrate of Lucknow had filed a complaint under Section 497 IPC against son of petitioner No.2, Iqbal
single adultery)."
(vii) Adultery has been defined in Section 497 I.P.C. as follows:-
" whoever has a sexual intercourse with a person ... been defined in Act, 1955. What has been stated in Section 13 (1) (i) of Act, 1955 only provides as to what would constitute adultery
Farhan vs State & Anr on 11 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
Naresh Agarsinh Chhara @ Nariyo vs State Of Gujarat on 20 April, 2018
Author: Harsha Devani
complaint as contemplated by Section 2(d) of the Code of Criminal Procedure, 1973. Section 2(d) of the Code of Criminal Procedure, 1973 says ... Indian Penal Code fulfils the requirements of Sections 198(1) proviso (a), 2(d) of the Code of Criminal Procedure , 155(2) and Section 497