Difference between “Adultery” and “Bigamy” – Explained!

Adultery:

1. Adultery is defined in Section 497 of the Indian Penal Code.

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2. In adultery, there is sexual intercourse with the wife of another person without his consent or connivance of such person.

3. If sexual intercourse is done with wife with the consent of the husband, it is not an offence.

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4. In adultery, wife is not punished, even though she is also an active and consenting participant in sexual intercourse.

5. This Section applies to all religions alike.

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6. Punishment: Imprisonment for 5 years or fine or with both.

Bigamy:

1. Bigamy is defined under Section 494. Concealment of the first marriage and preparing for second marriage is explained in Sec. 495.

2. The offence of bigamy consists in marrying second spouse in the life time of the wife or husband, when the first marriage is in existence.

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3. Consent of the wife or husband will not exempt from the offence. The spouse married second time shall be punishable even though he/she obtained the consent letter or release deed from the first spouse.

4. In bigamy, either sex may be guilty.

5. Sections 494 and 495 do not apply to Muslim males.

6. Punishment: Imprisonment for 7 years + fine.

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