![]() To understand the legal position of India with respect to the extra-marital affairs, it is important to understand the position of the Indian Penal Code, 1860 (IPC). Being a victim of rape or pre-marital sex cannot be held to be an adulterous act. Intention to commit adultery is an essential element. However, such evidence should be such, that if regarded together, leads to an irresistible conclusion of the commission of adultery. Since it is very hard to obtain direct evidence in a case pertaining to a cheating on a spouse, circumstantial evidence is sufficient.
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