CCA Rules-for adultery by a govt employee
Querist :
Anonymous
(Querist) 22 January 2010
This query is : Resolved
I AM A GOVT TEACHER(SECONDARY GRADE TEACHER) COMES UNDER LOCAL CADRE UNDER STATE SUBORDINATE RULES.MY WIFE FILED AN ADULTRY CASE ON ME.IF IT PROVES WHAT IS THE PUNISHMENT GIVE THE DEPARTMENT?REMOVAL OR DISMISS?OR ANY OTHER PUNISHMENTS WHAT ARE THEY?
A V Vishal
(Expert) 22 January 2010
According to Section 497 of Indian Penal Code a person is guilty of adultery is a crime.
Essentials of Adultery:- The prosecution must prove the following things for convincing an accused on a charge of adultery-
That the accused had sexual intercourse with the woman in question;
That she was the lawful married wife of another man;
That the accused knew or had reason to believe that she was the lawfully married wife of another man;
That the husband of the woman did not consent to or connive at such intercourse;
That the sexual intercourse so had did not amount to rape.
The cognizance of this offence is limited to a adultery committed with a married woman, and the male offender alone had been made liable to punishment. Thus, under the Indian Penal Code, adultery an offence committed by a third person against a husband in respect of his wife. It is not committed by a man who has sexual intercourse with an unmarried woman, or with a widow, or divorced woman or even with a married woman whose husband consents to it.
The punishment for adultery is the imprisonment for five years, or fine or both.
Burden of Proof:- It is very difficult to produce direct evidence to prove an act of adultery. Adultery is a matrimonial offence as well as a criminal offence. The requirement of proof in a criminal case is stricter than the requirement in a matrimonial case. In the former case the act is to be proved beyond reasonable doubt, whereas in the latter the evidence is based on the inferences and possibilities. Thus the offence of adultery may be proved by:
Circumstantial evidence
By evidence as to non-access and birth of a child
By evidence of visits to brothels
By contracting venereal diseases
Confession and admission to parties
Preponderance of probability
However, S.497 allows a husband to bring charges against the man with whom his wife has committed adultery, it explicitly denies a woman the right to charge her husband with adultery.
P. Venu
(Expert) 22 January 2010
According to Section 147, it is the husband alone who can fie adultery case against the third person who had sexual relation with his wife. There is no question of wife filing adultery case against her husband.
Bhumik Dave
(Expert) 23 January 2010
agreed with above expert.
Sudhir Kumar, Advocate
(Expert) 19 December 2021
Not able to agree with any of the views.
Adultery is/was offence under IPC does not matter.
Adultery is no more offence does not matter.
Only husband alone can file criminal proceedings in adultery does not matter.
Now coming to service matters.
A govt servant is expected to maintain absolute integrity and good moral conduct all the 24 hour in each day of service.
Having extra marital relation can be construed as departmental office/
Standard of evidence in departmental proceedings is not 100%.
You have asked about quantum of punishment. Sorry this forum cannot act as spokesperson of the department. It is for the department to decided about any of the penalties ranging from “censure” to “dismissal”.
Further this is not astrological form so discretion of department cannot be predicted.
If you want any fruitful advise please narrate the circumstances and the stage at which the complaint is there.
