• Offence on having an affair with a married woman ?

Hello, I am 30, single, unmarried. If i make a consensual sexual relationship with a married girl then what law am i breaking ? I mean to say that What is the law or rule or offence that she or her husband or both can charge me with ?
Asked 1 month ago in Criminal Law
Religion: Hindu

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9 Answers

You are breaking the social norm which demands you must spare others wife or girlfriend. 

This is a crime to the healthy society which believes in chastity and fidelity. 

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

She and her husband cannot charge you for any offence. Adultery is not a criminal offence any more.

Rahul Mishra
Advocate, Lucknow
12142 Answers
29 Consultations

5.0 on 5.0

Dear Sir'

There is nothing "illegal" per se about having sex with a married woman. No law has yet been made regarding this offence. 

Thank You

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

Hi, Her husband can file a Complaint against you for adultery and you will be punished for the same.

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
265 Consultations

4.5 on 5.0

If the sex is consensual no offence is made out against you. As sex she gave her consent she cannot complaint rape. As Adultery is struck down by the Supreme Court her husband is not entitled to seek action against you for having sex with his wife. For further clarification you may contact me. Hit the like button if the advice is useful to you.   

Ravi Shinde
Advocate, Hyderabad
643 Answers
7 Consultations

5.0 on 5.0


if the relationship is consensual and totally with consent of both the persons, then they cannot press any charges against you, Even if the husband wants to act legally, he can only give a divorce her wife on the ground of adultery, this doesn't have any consequences on you at all. 


However, If the girl falsely states that it wasn't consensual, then she can file a complaint of any sort under IPC and get an FIR registered.


Abhishek Sharma, Advocate

Punjab and Haryana High Court

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

Adultery is no longer an offence 


at most her husband can file for divorce on grounds of adultery and make you co respondent in divorce case

Ajay Sethi
Advocate, Mumbai
81795 Answers
5120 Consultations

5.0 on 5.0

- Supreme court declared that , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

- Further, as per Supreme Court, The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC, i.e. rape charge cannot be invoked in case of consensual sex between two adults.

- Further , the Indian Penal Code also recognizes adultery as a crime and a punishable offence.

- Under Section-497,  Adultery “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, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

- Hence, she can file a case under section 497 IPC , and if she having no objection from the said relationship , then husband can file a divorce petition on this ground. 

Mohammed Shahzad
Advocate, Delhi
6544 Answers
69 Consultations

5.0 on 5.0

If the relationship is consensus then it is she who has committed an act of adultery.

It is an extra marital affair to her.

You cannot be punished for the indulgence in sexual relationship with her since the law punishing the adulterer male has been repealed by a judgment by supreme court recently.

Hence you will not be charged for any offence for committing this act.


T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

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