No
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Adultery
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Rape
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1
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Adultery is an offence defined in Section 497 under chapter 20 of the
Indian Penal Code, dealing with the offences marriage
|
Rape is an offence defined under Section 375 and custodial rape under
Section 376B to 376D. It is defined in
chapter 16 of the Indian Penal Code relating to offences Affecting the human
body.
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2
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Definition :
Whoever has sexual 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 sexual intercourse not amounting to the
offence of rape, is guilty of the offence of adultery, and shall be punished
with imprisonment of either description 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).
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Definition :
A man is said to commit “rape” who, except in the case hereinafter
excepted, has sexual intercourse with a women under circumstances falling
under any of the six following description :
First - Against her will.
Secondly - Without her consent.
Thirdly - With her consent, when her consent has been obtained by
putting her or any person in whom she is interested in fear of death or of
hurt.
Fourthly - With her consent,
when the man knows that he is not her husband, and that her consent is given
because she believes that he is another man to whom she is or believes
herself to be lawfully married.
Fifthly - With her consent, when, at the time of giving such consent,
by reason of unsoundness of mind or intoxication or the administration by him
personally or through another of any stupefying or unwholesome substance, she
is unable to understand the nature and consequences of that to which she
gives consent.
Sixthly - With or without her consent, when she is under sixteen
years of age. (Section 375)
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3
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Offence against whom?
Adultery is an offence against the husband.
|
Offence against whom?
Rape is an offence against the women herself irrespective of married
or unmarried.
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4
|
Consent:
In the case of Adultery the consent of the woman is immaterial. In
fact, the woman is always a willing and consenting party to sexual
intercourse.
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Consent:
Consent is a defence to rape. In the case of rape of the offence is
committed against the will and without the consent of the women. However, if the girl is under sixteen years
of age the offence can be committed even with her consent.
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5
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Aggrieved Party: The husband
is the aggrieved party.
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Aggrieved Party : Women herself
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6
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Adultery may be committed only when the woman is married and she is
the wife of someone.
|
Rape can be committed on any women married or unmarried.
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7
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Adultery cannot be commit with
1) an unmarried woman,
2) a widow
3) a married woman when her husband consents to or connives at it, or
4) a divorced women
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Rape cannot committed when the women has consented for the sexual
intercourse except when the women is under 16 years of age.
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8
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Punishment :
Adultery is less serious offence
and punishment may extend up to five years imprisonment or fine or both.
|
Punishment :
Rape is more serious offence
and punishment may extend upto life imprisonment or ten years which may be
reduced adequate or special reasons.
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