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Col. Rajnish Bhandari v. Union of India

Civil Appeal · 2019 INSC 857Decided 2 Aug 2019
Civil Appeal No. 3204 of 2019
Justice Rohinton Fali Nariman · Justice Surya Kant

Background

Col. Rajnish Bhandari, an Army officer, faced court-martial proceedings that included a charge under Section 497 of the Ranbir Penal Code, 1932 (the J&K equivalent of IPC adultery), as well as a charge under Section 63 of the Army Act, 1950. He had already been acquitted of the Army Act charge, subject to confirmation. The Armed Forces Tribunal had ruled against him, and he appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that, following its earlier Constitution Bench ruling in Joseph Shine v. Union of India (which struck down IPC Section 497 as unconstitutional), the identical adultery provision in the Ranbir Penal Code must likewise be declared unconstitutional for violating Part III (fundamental rights) of the Constitution. The Court set aside the Armed Forces Tribunal's judgment and allowed the appeal, clearing the adultery-related charge entirely. However, it clarified that confirmation proceedings relating to the Section 63 Army Act charge (on which he had already been acquitted at first instance) could still proceed to their logical conclusion.

Lesson Learnt

Once the Supreme Court strikes down a provision as unconstitutional in one statute (here, IPC Section 497), courts will extend that same reasoning to strike down identical or "pari materia" provisions in other statutes, such as regional penal codes: citizens cannot be prosecuted under a law that has effectively been declared void for being discriminatory.

Official source (sci.gov.in)View Judgment (PDF)

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