VidhiSangh

Supreme Court of India · 02/08/2019

COL. RAJNISH BHANDARI, VSM versus UNION OF INDIA & ORS.

[2019] 11 S.C.R. 157 · 2019 INSC 857

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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

  1. Whether the Ranbir Penal Code adultery provision, including punishment of the wife as abettor, survived Joseph Shine.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 157.