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What Constitutes adultery ?
As in India Section 497 of the Indian Penal Code, 1860 which reads as :
"Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."
Thus under Section 497 of the Indian Penal Law :
1. an adultery can be committed only by a man and not by woman.
2. the person committing adultery must also know or should have reason to believe that woman with whom he had intercourse is the wife of another man, and
The sexual intercourse should not amount to the offence of rape.
3. The complainant husband can only vindicate himself if he can establish the above, otherwise his complaint would fail. What is most significant in the penal offence of adultery is that invariably the husband takes his vengeance against the third person, i.e. the adulterer: though in some jurisdictions he may also be able to reap it against the wife. But in most cases the main target of his vengeance is the adulterer.
The criminal action is filed not against the wife but against the adulterer. The wife is not guilty of offence, not even as an abettor.
The Indian Penal Law makes no mention of adding "unreal to real" or subtracting anything. It does say that