 bill no xxxii of 2009 the indian penal code (amendment)  bill, 2009 a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2009short title and commencement(2) it shall come into force at once2 in section 497 of the indian penal code, 1860,—1860 statement of objects and reasonsthough section 497 has been there for nearly one and a half century, the very idea that husband may give consent to his wife to have sexual intercourse with another man is obnoxious and highly immoral therefore, it is necessary to amend the said provision to the effect that sexual intercourse by a man with the wife of another with or without consent is adultery and is punishable as provided under section 497as far as exempting the woman who indulges in sexual intercourse with a man who is not her husband, who is also a married man, does not provide a remedy to the aggrieved woman namely, the wife of the man who commits adultery, against the woman who indulges in adultery with the former's husband in fact, the law commission in its 42nd report by majority had clearly held that there was no justification to allow the woman who is a party to the adultery to go unpunished relevant portion of the said recommendation reads:—"2018 after much discussion and careful consideration, we are of the opinion that the exemption, of the wife from punishment under section 497 should be removed, that the maximum punishment of five years' imprisonment prescribed in the section is unreal and not called for in any circumstance and should be reduced to two years, and that with these modifications, the offence of adultery should remain in the penal code it is accordingly recommended—that the section may be revised, as follows:497 adultery—if a man has sexual intercourse with a woman 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, the man and the woman are guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both" the recommendations of the law commission is reasonable otherwise, as it presently stands, a woman who is a victim of adultery committed by another woman has no remedy as she has to prosecute her own husband and not the woman who has indulged in adultery with her  husband it is, therefore, proposed to amend the indian penal code suitably to meet the objectivehence this billm rama jois annexureextract from the indian penal code, 1860   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 extent to five years, or with fine, or with both in such case the wife shall not be punishable as an abettor     rajya  sabha————— a billfurther to amend the indian penal code, 1860—————(shri m rama jois, mp)gmgipmrnd—5137rs(s5)—4-12-2009