Army officials can be prosecuted for adultery: Supreme court

NEW DELHI: The Supreme Court on Tuesday criminalized adultery in the Indian army. The rule also gives the reins of power to the army to take action against any such official found engaging in free love. The five-judge supreme court bench headed by Justice KM Joseph made changes to the 2018 rule that decriminalized adultery in the Indian military. The court even struck down section 497 from the Indian penal code back in 2018 stating it as archaic and questioning the modesty of women.

"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.

On Tuesday, the Supreme Court was hearing an application filed by the Centre seeking clarification that army personnel can be prosecuted under the Army Act for adulterous acts, despite the Joseph Shine case verdict. The Ministry of Defence earlier said that adultery by armed forces officers can cause 'instability' in the military services.