DIFFERENCE BETWEEN ADULTERY AND RAPE

• Adultery is less serious offence while rape is more serious.
• In case of adultery consent of woman is essential but in case of rape consent of woman is immaterial, in other words rape should be committed either without the consent or against the will of woman.
• In case of adultery consent of woman is no defense while in case of rape consent of woman is a defense.
• Adultery is an offence against the husband while the rape is an offence against the woman.
• Adultery can not be committed by a husband with his own wife while rape can be committed by husband with his own wife (if wife is below 18 years age) Case- Independent thought v. UOI 2017 u/s 376-B when there is judicial separation.
• Adultery can be committed only with the woman who is the wife of some other person while rape can be committed on any woman whether married or unmarried.
• Adultery can not be committed with unmarried woman widow, prostitute, divorced woman or with the consent or connivance of husband while rape can be committed with any woman but without her consent.