Armed Forces can act against Officers indulging in adultery: SC clarifies 2018 judgment
Jan 31, 2023
New Delhi [India], January 31 : The Supreme Court on Tuesday clarified that its 2018 judgment quashing adultery under the Indian Penal Code (IPC) will not impact proceedings initiated against armed forces for adulterous conduct.
A Constitution Bench headed by Justice KM Joseph clarification came while hearing an application seeking clarification in the 2018 judgment decriminalizing adultery relating to discipline in the armed forces.
The five-judge bench on Tuesday ruled that its judgment striking down Section 497 (adultery) of the IPC was not concerned with provisions of the armed forces Act.
The Supreme Court clarification made it clear that its 2018 judgment will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.
The top court said that the 2018 judgement was concerned only with the Section 497 of the IPC and the court has not approved of adultery, but it had found that adultery may be a modern problem and civil wrong and will continue to be grounds for dissolution of marriage.
The court said that it is of the clear view that it must observe and clarify that the judgment of this Court was not at all concerned with the effect and operation of the relevant provisions of the act. In other words, this court was neither called upon nor has it pronounced the effect of Sections 45 and Section 63 of the armed forces Act and corresponding provisions of the other act, the court said.
"We only make this position clear and dispose of the application," the court said.
The bench was hearing the Centre's application seeking clarification in the 2018 judgment decriminalizing adultery relating to discipline in the armed forces.
The Centre has stated that the 2018 judgment on decriminalizing adultery could come in the way of armed forces personnel being convicted for such acts. Centre has told the bench that the Armed Forces Tribunal has set aside disciplinary proceedings against army personnel taken against them for adultery citing the Joseph Shine judgement.
