Adultery (497 IPC)

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. In such case the wife shall not be punishable as an
abettor.
Fornicatoin in Hindusim:
Hinduism condemns pre-marital sex and adultery.[137][138] Among Hindu communities, sexual matters are left
to the judgment of those involved and not a matter to be imposed through law. [139] Sexual behavior of
Hindus are also governed by the prevalent practices of the society.[140][141][142] For example, Nāradasmṛti, one
of many legal texts of Hindu communities in ancient India, states in verse 13.60–61,
If a man has intercourse with an attached woman somewhere other than his own house, it is known as
adultery by the experts, but not if she came to his house on her own. It is not a punishable crime when
someone has intercourse with the wife of a man who has abandoned her because she is wicked, or with
the wife of a eunuch or of a man who does not care, provided the wife has initiated it, of her own volition.

— Nāradasmṛti 13.60–61[141]

The term "attached woman" in the above verse includes a woman who is either married and protected by
her husband, or a woman is not married and protected by her father.[141] In verses 13.71–72, Nāradasmṛti
states that a man should marry the woman, with whom he had consensual intercourse.[141][142]
If a man has intercourse with an unmarried woman, who consents to it, it is no offense, but he shall deck
her with ornaments, worship her, and thus bring her to his house as his bride.

— Nāradasmṛti 13.72[142]

Manusmriti considers adultery as a source of personal trauma and social disorder, and prescribes rules for
the property, maintenance and divorce rights of spouse not involved in the adultery, and the rights of
offsprings if produced from sex outside marriage.[143]
In the diversity of Hinduism, a spectrum of views on sexual freedoms thrived in ancient India. Marco Polo,
while visiting Hindu kingdoms in 13th century India, made the observation that social mores in India
consider sex within marriage as proper and virtuous, although they don't consider any other sexual
gratification to be a sin.[144][145]
In Yoga school of Hinduism, five types of temperance (yama) are recommended for ethical life, the
fourth[146] yama being celibacy and self-restraint from sexually cheating on one's partner. Marital fidelity,
where all sexual thoughts and expressions are limited to one's spouse, is taught as a virtuous value.

Section 198 (2) CRPC

For the purposes of sub- section (1), no person other than the husband of the
woman shall be deemed to be aggrieved by any offence punishable under section
497 or section 498 of the said Code: Provided that in the absence of the husband,
some person who had care of the woman on his behalf at the time when such
offence was com- mitted may, with the leave of the Court, make a complaint on
his behalf.