Whoever has sexual intercourse with a person who is the wife of another man, without the consent of that man, such sexual intercourse not amounting to the offence of rape,but 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 is not punished,because married woman have urges.
when any man indulge in sex with a married lady even with her consent ,he is committing adultery but its not, if this sex is done with the permission or consent of the husband of this married lady.
The second point that this section makes very clear that such a married lady shall not be held guilty for such an offence of adultery. .
Section 375 defines rape .lets see what it says Rape.--
A man is said to commit "rape" who,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.
Exception.-Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape.
Section 377 of the IPC provides Unnatural offences.--Whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
What all is carnal sex against the order of nature? On this the courts in India has held, anal sex,oral sex & even using any other part of the human body other then Vagina for sex is unnatural sex,what it means that & has been held that asking another person to use his or hand or fist to fulfill the pleasure of sex is against the nature. Now this against the order of nature means indulging in sex with other then a woman by a man for sex, so sex with another man or animal is also sex against the nature.
Does it include sex between two women’s? This question has not been in question till now but as the definition of this provision provide the penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
What it can be construed from it that penetration of the penis used by a man in any part of the body other then vagina; hence this privilege is not available to the women to do so hence their indulgence of sex amongst themselves may not be covered under this section unless they use some other object for penetration(dildo's) other then human penis.
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