Adultery differs from rape in the following way:
1. Adultery is an offence under Section 497 of the IPC and it is relating to marriage whereas rape is an offence defined under Sections 375 and 376 of the IPC and it is an offence relating to the person (human body) of the woman who is victim of rape.
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2. In the case of adultery the consent of the woman is immaterial because the woman being married it is the husband who is actually the aggrieved party. In fact, in adultery, woman is always a willing and consenting party to sexual inter-course, while the offence of rape is committed against the will and without consent of the woman or it may be committed even with the consent of the girl who is under sixteen years of age.
3. Adultery may be committed only when the woman is married and not when she is not married; but, rape may be committed on any woman whether married or unmarried.
4. Adultery is an offence against the husband, while rape is an offence against the woman herself.
5. Adultery cannot be committed by a husband with his own wife, but rape may even be committed by a husband upon his own wife, if she is below 15 years of age.
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6. Adultery is not so serious an offence as rape. The punishment provided for the adultery is five years imprisonment, or fine, or both, but it is imprisonment for life or ten years, or fine or both in the case of rape.
7. Adultery is a good legal ground for the other spouse to obtain divorce, or any other matrimonial reliefs while rape cannot be argued as a ground to obtain the divorce or any other matrimonial reliefs.
8. In the case of adultery, the proceedings are initiated by the husband; but in the case of rape, the proceedings are initiated by the State through the police on behalf of the victim.
9. The offence of adultery is non-cognizable, bailable and is triable by the Magistrate of the first class. While the offence of rape is cognizable, bailable and is triable by the Court of Session.
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10. Adultery is a lesser offence than rape while rape is a serious offence than adultery ie., heinous, barbarous.
The following are the valid defences to a charge of adultery:
i) The accused did not know the woman to be the wife of another man;
ii) There was no sexual intercourse;
iii) The husband of the woman consented or connived at the act of intercourse; or
iv) The woman was not the wife of the complainant.