VidhiSangh

Supreme Court of India · 31/01/2023

JOSEPH SHINE versus UNION OF INDIA

[2023] 4 S.C.R. 585 · 2023 INSC 87

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

After the 2018 Constitution Bench judgment in Joseph Shine struck down Section 497 IPC on adultery, the Union of India sought clarification. It said armed forces personnel were resisting disciplinary action for adulterous conduct under Sections 45 and 63 of the Army Act and the corresponding provisions of the Navy and Air Force Acts. A Constitution Bench clarified that Joseph Shine decided only the validity of Section 497 IPC and Section 198(2) CrPC. It did not consider the scheme of the Service Acts under Article 33, and did not pronounce on Sections 45 and 63 or any other provision of those Acts. The Court added that Joseph Shine did not approve of adultery.

Issues

  1. Whether the judgment in Joseph Shine v. Union of India, striking down Section 497 IPC, bars disciplinary action against members of the armed forces for adulterous conduct under Sections 45 and 63 of the Army Act, 1950 and the corresponding provisions of the Air Force Act, 1950 and the Navy Act, 1957.

Provisions considered

Held

Result

Miscellaneous Application No. 2204 of 2020 in W.P. (Crl.) No. 194 of 2017 disposed of with the clarification that the judgment in Joseph Shine v. Union of India was not concerned with the effect and operation of the relevant provisions of the Army Act, Navy Act and Air Force Act; Miscellaneous Application No. 1702 of 2021 also disposed of; intervention and impleadment applications allowed.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 585.