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Section 497, IPC defines adultery thus : whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another. Here actus reus mainly relates to :
Time
Place
Person
Married woman
- Section 497, IPC defines adultery as involving sexual intercourse with a person known or believed to be someone else’s wife.
- The key element or actus reus here is about the person involved—specifically, she must be the wife of another man.
- Option 1: Time — The law doesn't specify a particular time; time isn’t the main factor.
- Option 2: Place — Where the act occurs is not central to the actus reus in this section.
- Option 3: Person — The actus reus is about engaging in intercourse with a specific person: the wife of someone else.
- Option 4: Married woman — The woman's marital status is important, but the essential actus reus relates to the "person" as the wife of another, making “person” the broader and precise basis.
By: Parvesh Mehta ProfileResourcesReport error
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