The decriminalisation of adultery has no bearing on disciplinary actions against members of the armed forces: Supreme Court

The Supreme Court made it clear on Tuesday that its decision to remove adultery from the list of crimes punishable by the Indian Penal Code (IPC) under Section 497 would not prevent the armed forces from taking disciplinary action against members of their staff who engage in extramarital affairs [Joseph Shine v. Union of India Secretary].
The Joseph Shine decision, which decriminalised adultery, did not address Sections 45 and 63 of the Army Act or related provisions in the Navy and Air Force Acts, according to a constitution bench made up of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar.
The aforementioned provisions, or Sections 45 and 63 of the Army Act, deal with sanctions for improper behaviour and actions that interfere with military discipline.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.


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