Section 497. Adultery
Whoever has s*xual 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 s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion 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.
Section 497 of the Indian Penal Code (IPC) perceives a consensual s*xual intercourse between a man, married or unmarried, and a married woman without the consent or connivance of her husband as an offence of "adultery". A s*xual link between a married or unmarried man and an unmarried woman or a divorcee or a widow, therefore, does not come within the ambit of "adultery". It also holds the man and not the (adulteress) "wife" of another man, who has been unfaithful to her husband, solely responsible for the s*xual liaison.
the penal law of adultery in India is premised on the one-and-a-half century old caste-based stratified "social setting" in the context of the traditional conservative property-oriented familial ideology and s*xual mores. It is also premised on a few outdated and moot assumptions of s*xuality, s*xual agency and unequal mutual marital rights and obligations of the spouses. It, in ultimate analysis, unmistakably intends to protect the rights of the husband and not ofthe wife
it is for the legislature to take note of such a "transformation" while making appropriate amendments to Section 497
for more reading refer:(2001) 6 SCC (Jour) 16