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Mohit (Engineer)     01 July 2014

Adultery police complaint

How I will get to know that if someone has filed police complaint against me for adultery?

will police call me ?

or they will do silent investigation ?

or should i go and ask in police station?

 

Please help



Learning

 3 Replies

Krishna. Advocate (Advocate)     01 July 2014

 

IPC 497

The s*xual intercourse of a man with another man's wife, without obtaining the consent of the woman’s husband is adultary.

The police officer is  restrained by law to investigate the offence only with a Magistrate’s order.So 

 the Police officer will refer the complainant to the Magistrate. The Magistrate, may accept the complaint and decide on merit whether to proceed with the complaint or not.

Evidence: photographs, testimonies of acquaintances, mobile phone records, travel records, computer data etc.

.

If the lady (the wife) denies the allegation of having s*xual intercourse and the husband goes with the allegation, the case will be tried in the court when there is prima facie evidence and the case will be decided based on the merit of the evidence admissible as per law. The burden of proof in such situation lies with who declares, but not with who denies. 

The punishment for adultery is a jail term of maximum five years or with fin or both. The adulterous wife cannot be punished not even as an abettor.

Mohit (Engineer)     01 July 2014

I have not done anything as such just to give divorce to his wife he is playing all these. I just asked , so that i can prepare myself.

rising up again (FFF)     03 July 2014

mohit.. 

- if u involved with an unmarried girl, widow......it as per law is not adultery.....hence you cannot be impounded legally............so...relax !!! but there can be other repurcussions on your other cases..... like taking divorce can be tougher if she proves you need a divorce only because you are having an extra marital affair, you may loose child custody, you might have to pay higher maintainence amount.....etc. 

 

- if u involved with a married lady...u can be in big trouble... search for adultery law on net... you will get many posts / queries on the same post on this forum too... 

 

adultery however is tough to prove...  unless there is a clear evidence, it becomes real tough.... for the opposite party to prove it... 

 

you may share you full case story here on pm me.... will try to help...whatever best i can................


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