Adultery – A Conceptual and Legal Analysis

Abstract

Legal analysis of regulation of adulterous behavior of married persons under different legal systems demonstrate that the provision of adultery is greatly influenced by the social values of, "sexual morality," which existed at the moment of formulating the legal provision. In India, S. 497 of IPC had been drafted before a 150-year colonial period and, since from its inception, it has been whirling into debatable controversies on several accounts, such as its gender bias approach, reflecting cultural conflicts, questioning equality clause, and strong arguments have been raised either for its retention, modification, or complete deletion from penal statutes. This article has attempted to articulate these controversies from legal point of view in contemporary India.

This article attempted to analyze adultery from its legal conceptual base, and proceeded to examine its effect, impact, and co-relation with other aspects such as marital ties, property claims, over the progeny, remarriage and divorce. The philosophy, object and justification of legal regulation of adulterous behavior of a person in society has been examined on time scale so as to make appraisal whether its retention, modification, or deletion is indispensable in the present context or otherwise. The article ends with addressing the legal dilemma of whether the legal regulation of adultery is still relevant, and, if it is, to what extent? The conclusion in this respect is self-explanatory.

Keywords: Adultery, Penal Law, Offence relating to Marriage, History and nature of Adultery, Object of Adultery, Legal Analysis, Futuristic approach on Adultery, feministic jurisprudence, philosophy of criminal law, Indian penal code, Criminal Procedure Code, Supreme Court