Armed Forces Can Take Action Against Officers For Adultery

New Delhi: The Supreme Court on Tuesday clarified that its 2018 judgment striking down Section 497 of the Indian Penal Code (IPC) will not have any impact on the court martial proceedings initiated against personnel serving in the armed forces for their adulterous conduct.

A five-judge bench, headed by Justice K M Joseph, clarified that the 2018 judgment was not at all concerned with the provisions of the Armed Forces Act.

In 2018, the Supreme Court struck down Section 497 of the IPC, dealing with the offence of adultery, holding it unconstitutional.

On Tuesday, the Supreme Court was hearing an application filed by the Centre seeking clarification that an army personnel can be prosecuted under the Army Act for adulterous acts, despite the Joseph Shine case verdict.

“The judgment of this court was concerned only with the validity of Section 497 IPC and Section 198(2) CrPC. In this case, this court had no occasion to consider the effect of the provisions of the Armed Forces Act. As we notice, it is not as if this court approved of adultery. This court found adultery, maybe, a modern problem. This court also held that it will continue to be a ground for dissolution of marriage,” the bench said.

“In view of the fact that the scheme of the acts in the context of Article 33 did not fall for consideration before this court, we must observe and clarify that the judgment of this court was not at all concerned with the effect and provisions of the Armed Forces Act. This court was neither called upon nor has it ventured to pronounce on effect of Section 45 and Section 63 of the Army Act as also the corresponding provisions of the other Acts,” the Supreme Court said.