J Indian Acad Forensic Med, 31(4)

Originals and Papers

Adultery as viewed by future generation- A study and discussion

P.N.Murkey*, B.H.Tirpude**, Aloke Mazumder***, V.G.Pawar***, S.Bhowate*** &

Sumit Shende***

Abstract
Adultery, the age old complaint of society, probably is one of the few issues which are dealt
frequently in connection with controversies that arise due to rapid changes of mentality of people
especially in Indian scenario where conservative perspective is no longer considered as valuable as
used to be accepted in the past. Adultery or in other words-"Violation of marriage bed" is an invasion on
the right of a husband over his wife, as people think, perhaps reflects the same motive behind the great
war of the "Ramayana" that started after· abduction of Sita by Ravana and Sita had to go for
'Agnipariksha' to prove her chastity.
But when we see today's society, we find an absolute change that either has come or just
awaiting to influence the moral values of present generation. To get a pulse on this issue, present study
was organized at four institutes with both rural and urban background. Interesting outcomes have been
observed where we find clear concept, rational ideas, deserving comments and strong wishes
regarding change of present law and punishment. Though may be a tip of iceberg, but the study
definitely reflects a need of re-thought on adultery and its punishment.
Key words: Adultery, controversies, society, moral values, law, punishment.
fine, or with both. In such a case, the wife shall
Introduction not be punishable as an abettor.
"It seems most unfair for a man to require Connivance is the willing consent to a.
from a wife the chastity he doesn't himself conjugal offence and it is an act of mind- a willing
practice." 1 mind.
Adultery, an often used word, is often not Though such types of acts are often found
very clear to us- in several aspects-its definition in the society, the legal aspect and aspect of its
and meaning, the law against it or the actual punishment is very much unknown to common
implication of the law in view of tremendously people.
changed society in recent scenario. A study has been performed on adultery
As per the legal definition - (Sec 497) who which shows some interesting outcomes.
ever has sexual intercourse with a person who is
and whom he knows or has reason to believe to Adultery in different societies/ religions 2
be the wife of another man, without the consent Of course adultery is not a new act of
or connivance of that man such sexual society. Since the age of Old Testament or
intercourse not amounting to the offence of rape,
ancient Indian era of Great laws of Manu, adultery
is the offence of adultery, and the guilty shall be
is a matter of consideration. Historically it was
punished with imprisonment of either description
rigorously condemned and punished, usually only
of a term which may extend to five years, or with
as a violation of the husbands rights.2 In Jewish
land, the penalty for adultery was stoning for both
*Corresponding author- Associate Professor, partners- if they act in spite of warnings by two
"Professor and Head, independent witnesses." ,
***Demonstrators, Department of Forensic During the time of Old Testament this act
Medicine & Toxicology, MGIMS,· Sewagram, was to be punished by death. In Judaism, a
Wardha.( Maharashra) married women engaging in sexual intercourse
313
wbith another man was concluded as ~9i_LJJ,:teJy'j; ~n,(:ts: 0' i1.,c~b,e~~'?~1497 IPC requires the following
o~h the woman and the man wa.'s cdnsiderea q c, ,L ess~htfals-
qullty, 8. Sexua I .Intercourse by a man with a woman
f According
. to Islam,
" adultery.' is a violation
" .who is and whom he knows or has reason
o a, mantal
.
contract"andLli"lnclwdesf,bdthr,
.' ", """",,'
,,'''~t''o'be'll'ev'e'
,,"
'td'b1e":A-h'
"l WI e-o ano tl.("
e;'('·~f"""'if" ,,:,~ ,<" ,
"er rnan: C'

premantal and extra mantal sex. As per Sharia 9 " .

law- Ao seek, ~ex outside the limi,t$' set by GOD is ," .; ' ,,~uCh s~;xual Int~.rc~u:~e'.r;nust b~ vyithopt the
a sin, as pre- and extramarital sex would certainly' consent or c~nnlvance of-the husband.
threaten the sacred institution of family. If an 10. Such sexual Intercourse must not amount to
adult male had sexual intercourse with a rape..
consenting female who was under the age( 11. Complaint by person aggrieved l ,As,
usually :16 year), he would be charged with 'rape, • neqessary.( ~ec: ~~8S~r.PC )3 ,
whllei] she, was above that age; then both would: ,.' ~ , .. ' 't,"i'\ .'

.
b e char-ged with, adultery or fOrn'!cation::depehding "Ai"ms and. 0, bjectlve S"
upon-their marital status. Bunt should be proved 'This study wa'j3cQnducted only with 3 obJective~- :
" beyond a-shadow ofdoubt"." ::, ',,'i " 1. To get an idea on knowledge of this act 'of
In the United 'States':' Pennsylvarila,' it is adultery among a group of conscious,
punishable by 2 years of imprisonment or18 literate younqsters who! are supposed to be
mohths of't,reat:me,nts'for insanity. ,In':~ichi'gar"'- .' ," the social repres~.nt~t~es . of future
adultery is punishable bya fine of ten dollars. In 'generation.' " ,i

Canadian law, it 'is define({uod~r the Di~o'rde a6t. '

2~ "What is theii decision on pUhishment~of this
_" In Pakistan it hap been criminalized. by a'act? .::
,(, ' .: ,' ';-, , i

law called the Hudood Ordinance which may

gi~e" .).,' ,~t,udy 'group,',and' the,r~ associa~edpersons
death penalty. ' are to be made aware of the social and
In India, under Sec'497 IPC,c adultery is legal pros and 'cons of adultery. ;;,;' ,,- ',t" ,

crirninalized while in civi] law both husband and,

wife can seek divorp~',on ground of ?dulterY.,,; Study group and methods n" d ,- lq
, , • ", A qi.J~stionnaire was framed wh~re ~n-Iy
An amllYSis 'of-the acf of adultery and the th"e definition 'of,' adu,lte,ry',,ltv, as disc,uss'"ed'l,nl't,'aIIY,
law in Indra: ' ", " _'- ,:', " ,
" because many may'" not be kno~ing, this'
If w,8, think,on it, few.aspects come out as- terminology but aware of the, act proper.' The:
1. 'The offe'l~e is o(1IY,dirf?cted to t.he,'outsider' I study 9rou cdmpris~sbf " p . , '
who violated the ,sanctity of the, matrimonial '. a)' Students ofilnd year/MBBS cours~'
home when the outsider WqS a man. ," b) Stud~nt? of 1st
year Enginee;ing 'c~'~rse',
2. 'The matrimonii'll home sanotity, may' be . c)' Students of lind ye'ar Law course &'
violated by 'outsider, woman but she, is, n'ot. . ,d) Students of)rndyear ~~~,eral c~urs~( Arts). '
punishable. All compnses of both female and male
3. ' Wife, shQuld have (~equat. right, to sue' the a~~ '~an~
,of age grouP 17' year':' '25 year; Tbe,
female paramour, who seduces the r!jls~lts with the questioti~ are as fo'II0,w8.' '
: t· 4
.'
husqand. , .
, ' ', Observations
4. The offence of ac;iultery, in IP,C permits the'
husband, to prosecute the paramour of his, The present study was conducted in f~ur
, _wife without giving any corresponding right colleg,es of 'War9ha di~trict, fr~m 1st, '.December,
to th~ wife to prosecute the husband when 2008 to ,28th February 2qQ9. The study qO(1e ,_j~
he has extramarital relations. ':, ' ' four colleges includes the medical, engineering,
5. In fact adultery is nothing but a civil wrong arts, and la';J college. Knowledge q.f qcjultery"is, >

and should be viewed as a breach oj trust. kno~n to medical arid law stu~ents '.'hut the
6. The law is ,discriminatory for some specific en,glneering and art students are ~nawar~ _-of.the
s,ex which.is not acceptable. ' fact" b~t ~s they vvf?r,efrom u~ban ar.ea, h,a,<ing,
" ' some baSIC knowledge of the ac;Jultery)istaken: ," , 1 ) •

314 .
 J Indian Acad Fohmsi~'Med,31(4)
. . ,. ._- - '..... ~ , . .'.

into consideration.The colleges selected are from . 'of the students

Table- 3:' 'Marital status
!
rural as well as in urban areas to get' the concept Status Male Female ' Total
of adultery of both societies. The. data collected
: ." .students ,!! .etudents 'J
,
from them have been displayed at' Tables' a'nd
Married 06(5.17%;) 06,(l.14%) 12
observations were' made.: The study was
::' , (6%)
conducted on behalf of depaltrnent of' Forensic
Medicine of Mahatma Gandhi Institute of Medical Unmarried 100(94.83) 78(92.86%) 188
.Sciences, Sevagram, Wardha., .The questionnaire , --. ;
(94%)
given to them was "Yes" or "No" type and Total 116(58%) 84(42%) 2.0.0
comments were asked at last on their personal
(1.00%)
views.

Table- 1; Sex ratio-of the students Table- 4: Answers of the questionnaire framed for
It ,'"

Colleges Male I. Female "Total the students, ,

students students students Question 1 : Do you know which section 'of IPC
Medical 30(60%) 20(40%) 5,0(100%) deals with the punishment of adultery?
college Colleges Yes .::
No' No
Engineering 31(62%) 19(38%) 50,(100%) comment
college Medical ,34(68%) . 16(32%). 00
Arts college 28(56o/?) 22(44%) 50(100%) college , .... ,I

Law college 27(54%) 23(46%) 50(100 ra) Engineerin 2(4%) 48(96%) 00

Total 116(58%) ,s4(42%) 50(100%) qcolleqe
In this study, we have -observed thatfrom Arts I 1(2%) 49(98%) 00 .
each college 50 students have participated' and college
out of them male students participated are
Law 39(78%) 11(22%) 00
116(58%) and female students participated are
college
84(42%) in total.
Total 76' 124 2.0.0
Table 2: College area Law college shows. highest positive
Place of I College Total answer" arts college-lowest. , ,.'
college students
Question 2: Do you know the punishment?
Rural area , Medical college 50
Colleges Yes No No
Engineering 50 , commen
college
Medical 15(30%) 30(60%) 05(10%)
Total 1 1.0.0
college
Arts colleqe 50
-.
Enqineerin 6(12%) 42(84%) 02(04%)
Urban area Lawcolleqe 50 g college
Total 2 100 ' Arts 2(4%) 42(84%) 06(12%)
Total 1+2 2.0.0 college
f---.
Law 38(76%) 12(24%) . 00
- (10.o~/o)
In this study, two colleges each has been . college
chosen from rural as well as urban area and 50 Total 61 126 13
students from each college have participated i.e, . ' (3.0.5.0%) (63%) (6.5.0%)
from rural 100 and urban 100.

315
Murkey et al : Adultery

Both Engineering and Arts College show Most of the students want the
highest negative answer (84%) . punishment for both. the partners.

Question 3 : Do you think that only female partner Question 6 : Do you think that law on it is to be
should be punished? modified?
-
Colleges Yes No No Colleges Yes No No
.
comment comment
-~-----
..
Medical 2(4%) 48(96%) 00 Medical r-48(96%) 02 00
College college (04%) .
Engineering 4(8%) 46(92%) 00 Engineering 44(88%) 6(12%) 00
college college
----:-_. --
Arts college 3(6%) 47(94%) 00 Arts college 42(84%) 8(16%) 00
------_. -

Law college 2(4%) 48(96%) 00 Law college 47(94%) ~O2(4%)-- 01 (As per
Total 11(5.5%) 189 00 circumstanc es)
. (94.5%) Total 181 18(9%) 0.50
Majority of the students disagree With the (90.50%) • • L_____________

punishment of only female partner. Almost all participants wanted the law
should be modified.
Question 4 : Do you think that only male partner
should be punished? Question 7 : Do you think that cases of adultery are
Colleges Yes No No becoming more due to changing society with less
comment moral values?
Medical 2(4%) 48(96%) 00 Colleges Yes No No
college comment
Engineering 1(2%) 49(98%) 00 Medical 49(98%) 01 (2%) 00
college college
- ---------
Arts college 2(4%) 48(96%) 00 Engg.college 45(90%) 04(8%) 01(2%)
-------
Law college 3(6%) 47(94%) 00 Arts college 50(100 00 00
--
Total 8(4%) 192(96%) 00 %)
---
Again most of the students disagree With Law college 48(96%) 01(02%) 01(2%)
------
the punishment of only male partner. Total 192(96%) 06(3%) 2(1%)
-
Question 5 : Do you think that both partners should Majority of the participants agree With the
be punished ? positive answer.

Colleges Yes No No Question 8 : Do you think that often persons are

comment victimized due to their lack of' knowledge of
Medical 46(92%) 04(8%) 00 adultery?
--
college Colleges Yes No No
Engineering 45(90%) 05(10%) 00 comment
college Medical 37(74%) 13(26%) 00
college
Arts college 45(90%) 05(10%) 00
-- Engineering 39(78%) 10(20%) 01(2%)
Law college 45(90%) 05(10%) 00
college
- Total 181(90.5%) 19(9.5%) 00
Arts college 45(90%) 05(10%) 0'0
Law college 32(64%) 17(34%) 01(2%)
Total 53(76.50%) 45(22.50%) 2(1%)

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 J Indian Acad Forensic Med, 31(4)

In this question more or less half of the that adultery should not be considered as a crime
participants are at both the sides. at all, because of involvement of partners who are
adults and commit the heinous act in full
Question 9 : Do you think that there is a fare chance consciousness of mind with awareness of present
of misuse of the law if the punishment is directed to social trend.
any specific sex-male/female? Section 497 IPC directs no punishment to
Colleges Yes No No a wife who enjoys physical intercourse without
comment husband's permission. But, adultery is one of the
grounds for refusal of maintenance in sec 125 (5),
Medical 48(96%) 01(02%) 01(2%)
CrPC, 1973.4 As there is no punishment awarded
college
to a wife, indirectly can we say court allows such
Engineerin 45(90%) 04(8%) 01(2%) act of betrayal from wife? If that wife procures
g college children by an outsider that will be regarded as
Arts 15(30%) 03(6%) 32(64%) legitimate children if no access is established
college under sec 112 of the Indian Evidence Act.
So, considering all these sides, sincere
Law 38(76%) 12(24%) 00
thought must be given on adultery.
college
Total 147(73.5%0) 20(10%) 34(17%) Some comments of participants
Majority agreed with the question of the • Adultery is an offence in the eye of society
misuse of the law if directed to any specific sex. as well as in law. So far this offence is
concerned both partners should be
Question 10 : Do you feel that in today's scenario,
punished.
adultery should not be considered a crime at all ?
• Both the parties should be punished. The
Colleges Yes No No cases of adultery are becoming more only
comment "because of immorality and their degrading
Medical 02(04%) 48(96%) 00 culture. It can be stopped with the help of
college true education.
Engineerin 02(04%) • I personally feel that adultery cases are
48(96%) 00
incr.easing and in view of it law should be
g college
modified and punishment should be
Arts 00 00 increased so that any male or female
college 50(100 shouldn't commit such offence.
%) • I think that if a person is having sexual
Law 00 00 intercourse with another's wife by giving
college 50(100 external pressure or torture on her due to
demand of sex from her by giving her greed
%)
. is false on the man's side. And if the women
Total 04(02%) 196(98%) 00
having sex after marriage with another
person which broke our ethical values and
Discussion culture is crime on her side.
This study shows very important • The law is same for all. if any person
outcomes. The questions are -self explanatory. misuses this law, he· only should be
Tables show a clear trend of the coming punished.
generation to consider adultery as a completely • If both men and women do not have any
unacceptable crime to social stsucture and problem regarding their sexual intercourse
punishment to be awarded to both the partners. there must not be any .compulsory
Another aspect of very interesting fact punishment for them, hence it (law) should
came out where few p~rsons under study feels . be changed.
317
Murkey et al : Adultery

• Adultery is because of lack of knowledge inducing to a belief of lawful marriage (Sec: 493
about it .so; first give them knowledgeabout IPC) and charges described under Sec:
it. It, is not because of male or female, it is 376A,376B,376C,376D Can not be brought
becauseof overallenvironment against a woman for commission of same of
• Sex is done with permission of both male same offence on a' man in reverse but otherwise
and female. There will no punishment but if identicalcircumstances.6
someone is hurt, by them they should be In fact, when we think of human being,
punishedfor the sake of society. their several types of attitudes / character the
• Adultery is not unwanted' fact. Both are crimes originated, we feel there is very. less
responsiblefor this act. difference between an animal and a human and
• Punishment is not the remedy of adultery. naturally the basic instinct of enjoying or
There should be proper knowledge and considering a female sex as the property of a
moralvaluesare necessary. male,often becomesvisible even in this so called
civilizedsociety and hereinlies the origin of act of
Conclusion adultery.
The sec 497 IPC, deals with the The law / punishment on it is basically a
punishmentfor an offence of adultery. Adultery is trial to kill this basic instinct for formation of a
an invasionon the right of a husband over his strong social culture. Here the conflict lies
wife. The scope of the section is limited to because of with the advent of women right and
adulterycommitted with a marriedwoman. It is an equality of both sexes. From this study we feel
offencecommitted by a man against a husbandin that there is a definite requirementof amendment
respectto hls wife. Havingsexual intercoursewith of the law which probably will make a stronger
an unmarried girl or a prostitute or a widow or bond insidesocial marriageculture.
even with a married woman whose husband This study also reflects same type of
consents to it or with his connivance are not thought because this unbiased intelligent
conscious future generation is perhaps more
coveredby this section.
The wife is not punishable for being immunized with so called unaccepted human
adultery or even as an abettor of the offence.The behavior.Still when these people at a time agree
with same thinking of amendment of the law as
Indian Penal Code (Amendment) bill 1972
made long back in past Indian'social scenario, it
suggested that the special privileges granted to
seemsto be a real need to think twice to continue
women under sec 497 of the code should be
done away with. Howeverthe amendmentof the with the sameact.
Now let us see what do the lawmakers
section could not becarried out. It is important to
note that the Jammu and Kashmir state Ranbir think:"
Second Law Commission gave a mind to
PenalCode 1932, sec 497 is more progressivein
this offence. Under this code, Adultery is an
this regard.
offence committed by a third person against a
It makes the errant wife punishable along
husband in respect to his wife. So it is not
with her paramouras an abettor. The question of
committed by married man with 1. an unmarried
constitutionalityof sec 497, l.e. whether it is ultra
lady, ~. widow, 3. married woman whose
vires of the constitution is as much as it
husbandconsentsto it.
exempted the wife from being punishable as an
It is important that such intercoursewill be
abettor and thus infringed the provisions of
without the consent of husband and must not
articles 14'and 15 of the constitution, has crept
up sometimes before the courts but it, has been amountto rape,
The condition of the women in this country
upheld even by Supreme court {AIR 1985, SC,
is, unhappily, very different from that of the
1618).5
women of Englandand France;Indianwomen are
According to Indian Law,' a woman can
often so neglected, tortured unnecessarily, so
not commit the offence of :rape on a man. Like
oppressedand underviolence,that we are not
rape and adultery,cohabitationby deceitfully

318
 J Indian AcadForensic Med, 31(4)

inclined to throw into a scale already too Med.2008;10(2): 26-27 ..

much depressed, the additional weight of the 3. .Payne-James J. et al, Forensic Medicine:
Penal law. Clinical and Pathological Aspects, lie,
Supreme Court Observation: 2003, Greenwich Medical Media Ltd.:
" ..... the wife who is seduced is really the London, p; 30,35. . .
victim and not the author of the crime." 4. Criminal Procedure Code, 1973.
. " .... Iaw makers may enlarge the definition 5~ Chakraborty R , Parikh Sand Mishra
of adultery to keep pace with the moving times. MD.The Principles Of Medical
But until then, law must remain as it is. The law, Jurisprudence,Medicine Forensic
as it is, does not offend either Article 14 or Article Science,DNA Test& Toxicology, 3rd ed,
15 of the constitution".
2007,CT] Publication, Pune, p: 13.
In this background perhaps time is not yet
6. Vij K. Text book of ForensicMedicine
ripe to punish women for adultery.
&Toxicology, Principles and practice, 3rd
edition, 2005, Elsevier, pg. 321.
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7. Chandrachud Y V,Manohar V Rand
1. Codex J. Digest, XLV III, 5-13, Lecky, Singh A. Ratan1al's& Dhirajlal's- The Indian
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Penal Code, zs" ed, 2002 (Reprint), Wadhwa
2. Kanchan T and Nagesh KR.Adultery and and Company, p: 673.
the Indian law. Int J Med Toxicol Legal

319