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Report No. 156

114. Substitution of new section for section 497: Adultery.-

Do you agree that the following be incorporated as provided in clause 199 of the I.P.C. (Amendment) Bill, 1978 in order to bring in the concept of equality between sexes in marriage vis-a-vis the offence of adultery:

"Section 497.-Whoever has sexual intercourse with a person who is, and whom he or she knows, or has reason to believe, to be the wife or husband, as the case may be, of another person without the consent or connivance of that other person, such sexual intercourse by the man not amounting to the offence of rape, commits 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. Do you agree to the amendment"?

115. Amendment of section 501 and 502: Defamation.-

Do you agree with the suggestion of Law Commission in its 42nd report on Indian Penal Code and clause 202 of Indian Penal Code (Amendment) Bill 1978 that in sections 501 and 502 of the Penal Code, for the words "simple imprisonment", the words "imprisonment of either description" be substituted?



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