Summary
Applying Joseph Shine, the Court declared the entire adultery provision in section 497 of the Ranbir Penal Code unconstitutional. Its additional sentence punishing the wife as an abettor could not survive independently because it depended on the invalidated offence. Charges against the appellant relatable to that section consequently failed. Separate confirmation proceedings concerning his acquittal under section 63 of the Army Act were permitted to continue.
Issues
- Whether the Ranbir Penal Code adultery provision, including punishment of the wife as abettor, survived Joseph Shine.
Held
- The materially corresponding adultery provision violated Part III of the Constitution for the reasons in Joseph Shine. The difference concerning the wife’s liability did not preserve its validity. (¶ 1)
- The words linking the wife’s punishment to the preceding case made that sentence dependent on the substantive offence; it could not survive severance. The entire section was unconstitutional. (¶ 1)
- No charge relatable to section 497 survived. The appellant’s acquittal under section 63 Army Act remained subject to separate confirmation, which could reach its logical conclusion. (¶ 2–3)
Result
Appeal allowed and Armed Forces Tribunal judgment set aside. Entire section 497 Ranbir Penal Code declared unconstitutional. Confirmation proceedings concerning the section 63 Army Act acquittal permitted to continue.