Case Note & Summary
The Supreme Court of India heard a civil appeal filed by Col. Rajnish Bhandari, VSM, against the Union of India and others. The appeal challenged the validity of Section 497 of the Ranbir Penal Code, 1932, applicable to the State of Jammu and Kashmir, which criminalized adultery. The Court noted that this provision was pari materia with Section 497 of the Indian Penal Code, 1860, which had already been declared unconstitutional by the Supreme Court in Joseph Shine v. Union of India (2019) 3 SCC 39. The Court observed that the sentence 'In such case the wife shall be punishable as an abettor' in the Ranbir Penal Code could not stand independently as it was contingent on the rest of the section. Consequently, the entire Section 497 of the Ranbir Penal Code was declared violative of Part III of the Constitution. Regarding the charge under Section 63 of the Army Act, 1950, the appellant had already been acquitted, subject to confirmation. The Armed Forces Tribunal's judgment dated 08.01.2019 was set aside, and the appeal was allowed. However, the Court clarified that the confirmation proceedings under Section 63 of the Army Act could continue to their logical conclusion. The judgment was delivered by a bench comprising Justices R.F. Nariman and Surya Kant on August 2, 2019.
Headnote
A) Constitutional Law - Fundamental Rights - Adultery - Section 497 Ranbir Penal Code, 1932 - Pari Materia with Section 497 IPC - Following Joseph Shine v. Union of India (2019) 3 SCC 39, the Supreme Court declared Section 497 of the Ranbir Penal Code unconstitutional as it violates Part III of the Constitution. The provision treating the wife as an abettor was held to be discriminatory and cannot stand independently. (Paras 1-2)
B) Criminal Law - Army Act - Section 63 Army Act, 1950 - Acquittal - The appellant had already been acquitted under Section 63 of the Army Act, subject to confirmation. The Court set aside the Armed Forces Tribunal judgment and allowed the appeal, but clarified that confirmation proceedings under Section 63 may continue. (Para 2)
Issue of Consideration
Whether Section 497 of the Ranbir Penal Code, 1932, which is pari materia with Section 497 of the Indian Penal Code, 1860, is violative of Part III of the Constitution of India.
Final Decision
The Supreme Court allowed the appeal, declared Section 497 of the Ranbir Penal Code, 1932, as unconstitutional and violative of Part III of the Constitution. The Armed Forces Tribunal judgment dated 08.01.2019 was set aside. The Court clarified that confirmation proceedings under Section 63 of the Army Act, 1950, may continue to their logical conclusion.
Law Points
- Constitutional Law
- Criminal Law
- Adultery
- Gender Equality
- Pari Materia Interpretation
Case Details
Civil Appeal No. 3204 of 2019
Rohinton Fali Nariman, Surya Kant
Ms. Meenakshi Arora, Sr. Adv.; Ms. Neela Gokhale, Adv.; Ms. Sahrdha Agarwal, Adv.; Mr. Elam Pradi, Adv.; Mr. R. P. Chhibber, Adv.; Ms. Kamakshi S. Mehlwal, AOR for Appellant; Mr. R. Balasubramanian, Sr. Adv.; Mr. Bharat Singh, Adv.; Mr. Arvind Kumar Sharma, AOR for Respondents
Col. Rajnish Bhandari, VSM
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Nature of Litigation
Civil appeal against Armed Forces Tribunal judgment regarding charges under Section 497 Ranbir Penal Code and Section 63 Army Act.
Remedy Sought
Appellant sought setting aside of Armed Forces Tribunal judgment and declaration that Section 497 Ranbir Penal Code is unconstitutional.
Filing Reason
Appellant was charged under Section 497 Ranbir Penal Code and Section 63 Army Act; he challenged the validity of Section 497 Ranbir Penal Code.
Previous Decisions
Armed Forces Tribunal judgment dated 08.01.2019; appellant acquitted under Section 63 Army Act subject to confirmation.
Issues
Whether Section 497 of the Ranbir Penal Code, 1932, is unconstitutional being violative of Part III of the Constitution.
Whether the Armed Forces Tribunal judgment should be set aside in light of the declaration of unconstitutionality.
Submissions/Arguments
Appellant argued that Section 497 Ranbir Penal Code is pari materia with Section 497 IPC and should be declared unconstitutional following Joseph Shine.
Respondents opposed the appeal.
Ratio Decidendi
Section 497 of the Ranbir Penal Code, being pari materia with Section 497 of the Indian Penal Code, is unconstitutional as it violates Part III of the Constitution, following the precedent in Joseph Shine v. Union of India.
Judgment Excerpts
Having heard learned counsel for both the parties and having perused Section 497 of the Ranbir Penal Code, 1932, applicable to the State of Jammu and Kashmir, we are of the view that, given our judgment in Joseph Shine v. Union of India (2019) 3 SCC 39, the pari materia provision contained in Section 497 of the Ranbir Penal Code be also declared as violative of Part III of the Constitution of India.
The sentence 'In such case the wife shall be punishable as an abettor', which does not occur in Section 497 of the Indian Penal Code, 1860, cannot stand by itself in view of the fact that the expression used is 'In such case'. The entire Section is, therefore, declared to be unconstitutional.
Procedural History
The appellant was charged under Section 497 Ranbir Penal Code and Section 63 Army Act. The Armed Forces Tribunal delivered a judgment on 08.01.2019. The appellant appealed to the Supreme Court. The Supreme Court heard the appeal on 02.08.2019 and delivered judgment the same day.
Acts & Sections
- Ranbir Penal Code, 1932: 497
- Indian Penal Code, 1860: 497
- Army Act, 1950: 63
- Constitution of India: Part III
