Difference between Adultery and Rape Under Section 375 and Section 497 of IPC

 Lack of moral, wisdom and lack of education,  Creats and brings some evil crimes comes out of the society against the Women And Against the Society, It includes Rape, Sexual Assault, Insult to modesty, Kidnapping, Abducting, Cruelty by Intimate Partner, Dowry Death, Voyeurism, Stalking and many other crimes which are done against the Women. Both rape and adultery are crimes under IPC. Which have been briefly described below- 

History Of Rape :

In ancient time, Rape was considered as a weapon of war. Women were raped by soldiers during war in a country. Women belonging to ethnic groups were impregnated through rape by enemy soldiers and were sometimes raped HIV-infected men. In 1993, military sexual slavery and systematic rape were declared crimes against women by UN.

Rape in India:

In India, Rape is undoubtedly a heinous crime and an issue of great concern. According to National Crime Records Bureau 2013 report, Rape is fourth most common crime against women in India. Madhya Pradesh has highest raw number of rape reports among Indian states, while Jodhpur has highest per capita rape report which followed by Delhi.

 Difference between Rape and Adultery. 

Section 375 of the Indian Penal Code1860 defines Rape-Section 375 in The Indian Penal Code

1[375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:—

(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. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

(Seventhly) —  When she is unable to communicate consent

[EXPLANATION 1]- For the purpose of this section "vagina" shall also include labia majora

   [EXPLANATION 2]-  Consent means an unequivocal voluntary agreement when the woman by words gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provides that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Capital Punishment for Rape:

Punishment in Muslim- dominated countries is instant death. According to a report, the percentage of rape crimes in these countries is low as compare to countries where punishment other than death is granted to rapists.

In India, Capital Punishment is a debatory issue in cases of rape. In Laxman Naik v. State of Orissa, 7 years old girl was sexually assaulted by her uncle, according to Court, the degree of injuries of victim were enough to prove the brutality with which rape and murder were committed and death penalty was awarded to accused

Section 376 in The Indian Penal Code

1[376. Punishment for rape.—

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever,—

(a) being a police officer commits rape—

(i) within the limits of the police station to which he is ap­pointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s insti­tution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1.—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Explanation 2.—“Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children. Explanation 3.—“Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.]

The section 376-A, Punishment for causing death or resulting in persistent vegitative state of victim & 376-B, Sexual intercourse by husband upon his wife during seperation,376-C Sexual intercourse by a person in authority 376-D Gang Rape &376-E Punishment for the repeating offenders

Nirbhaya Gang Rape case, also known as Delhi Gang Rape case is the famous case of Capital Punishment. The outpouring anger and grief of people following the rape and murder gave rise to hopes for change in India. In this case, the Supreme Court said that brutality with which the offence is committed can’t be ignored and there is no chance of reformation, so accused should be hanged to death. Government of India passed an ordinance which provides death penalty in cases of rape that lead to death or leaves victim in “persistent vegetative state”. So, in this Case, the Supreme Court of India have given the Death Sentenced to all the Rapists.

Adultery

Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries decriminalising adultery.

However, even in jurisdictions that have decriminalised adultery, adultery may still have legal consequences, particularly in jurisdictions with fault-based divorce laws, where adultery almost always constitutes a ground for divorce and may be a factor in property settlement, the custody of children, the denial of alimony, etc. Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model, but may still be a factor in child custody and property disputes.

International organizations have called for the decriminalising of adultery, especially in the light of several high-profile stoning cases that have occurred in some countries. The head of the United Nations expert body charged with identifying ways to eliminate laws that discriminate against women or are discriminatory to them in terms of implementation or impact, Kamala Chandrakirana, has stated that: "Adultery must not be classified as a criminal offence at all". A joint statement by the United Nations Working Group on discrimination against women in law and in practice states that: "Adultery as a criminal offence violates women’s human rights".

In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning. There are fifteen countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia. Most countries that criminalize adultery are those where the dominant religion is Islam, and several Sub-Saharan African Christian-majority countries, but there are some notable exceptions to this rule, namely Philippines, Taiwan, and several U.S. states.

Section 497 in The Indian Penal Code

497. Adultery.—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.

This section punishes the offence of adultery committed with a married woman without a consent or connivance of her husband the main feature of this offence is that the male offender alone has been made liable. this offence is committed by a third person against a husband in respect of his wife. If an act of sexual intercourse takes place between a married man unmarried woman or with a widow or with a married woman whose husband consents to is, this offence shall not be deemed to have been committed.  it is not required for an offence under this section that the offender should know whose wife the woman is but he know that she was married, woman.

RAPE(Section 375)	ADULTERY(Section497)
1 Woman – (a)    Rape can be committed on any woman, Married or Unmarried (b)   Rape can be committed on woman-The offence is committed against the will and without the consent of the woman	1Woman – (a)    Adultery takes place only when the Woman (with whom sexual intercourse is had) is the wife of other person (b)   Adultery (violation of the marriage bed) cannot be committed with (1) An unmarried woman (2) with a married woman whose husband consents or (connive to wink at) at it
2 Consent of Woman – The offence can be committed even with consent of the girl, if she is under 16 years of age	2 Consent of Woman – Woman is a willing or consenting party (otherwise it would be Rape)
Whether it can be committed but a husband with his own wife? Yes if the wife is below 15 years old and also time if husband have sexual intercourse with his wife  then it is a rape	Whether it can be committed by a husband with his wife own wife? No
Offence is against what? Against the person of the Woman.	Offence is against what? Against Marriage
Who is the aggrieved party? The woman herself.	Who is the aggrieved party? The husband
How punished? Imprisonment for life of 10 years or fine or both	How punished? 5 years or Fine or Both

Cultural and Religious Tradition 

Islam

"Do not go near to adultery. Surely it is a shameful deed and evil, opening roads (to other evils)."^{[Quran 17:32]}

"Say, 'Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins and trespasses against the truth and reason.'"^{[Quran 7:33]}

Hinduism

The Atharvaveda and the Upanishads, also acknowledge the existence of male lovers and female lovers as a basic fact of human life, followed by the recommendation that one should avoid such extra marital sex during certain ritual occasions (yajna).