Col. Rajnish Bhandari, Vsm vs Union of India & Ors.

Court

Supreme Court of India

Date

2 August 2019

Case No.

Civil Appeal No. 3204 of 2019

Result

Allowed

Bench

R.F. Nariman, Surya Kant

Citation

[2019] 11 S.C.R. 157 : 2019 INSC 857

Headnote

Ranbir Penal Code, 1932:

s. 497 – Constitutional validity of – Held: The provision u/s.

497 is pari materia provision to s. 497 IPC, which has been declared as unconstitutional in *Joseph Shine case – Therefore, the provision (s. 497 of RPC) is held violative of part III of the Constitution – Nothing survives against the accused on the charges relatable to s.

497 – Appeal allowed – Penal Code, 1860 – s. 497 – Constitution of India – Part III.

Army Act, 1950:

s. 63 – Prosecution under – Accused already acquitted, subject to confirmation – Judgment of Armed Forces Tribunal is set aside – Confirmation proceedings may go on and reach its logical conclusion – Appeal allowed.

*Joseph Shine v. Union of India (2019) 3 SCC 39 : [2018] 11 SCR 765 – followed.

The Judgment of the Court was delivered by R. F. NARIMAN, J. 1. 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 Cod

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