Critical Analysis Of Law Of Adultery In India

Abstract

Abstract/Introduction: 

Adultery is defined under law as a consensual physical correlation between two individuals who are not married to each other and either or both are married to someone else. The actual definition of adultery may vary in different jurisdictions but the basic theme is sexual relations outside marriage. Adultery, also known as infidelity or extra-marital affair is certainly a moral crime and is thought-out a sin by almost all religions.
In the United Kingdom, these were ecclesiastical crimes and therefore not part of the common law.2 Only “open and notorious” fornication was considered a crime because it was a public nuisance.3
B. In the rest of the western world and particularly few western countries like Finland, Belgium and Sweden doesn’t treat adultery as a crime but the Indian jurisdiction considers adultery as a punishable and heinous crime. The union of marriage has a spiritual, communal and lawful authorization in India. Hence, a sexual liaison that flouts this sacred bond implies rebelliousness with common customs. It is a breach of trust as well as infringement of the holy marital promises, conscientiously and ethically held to be revered and does carry a punishment under the decree.