In another blockbuster ruling, the Supreme Court of India yesterday decriminalized adultery. But what about military prosecutions? Consider
this article by
Sushant Singh in
The Indian Express. Excerpt:
The Supreme Court judgment on adultery is likely to put the armed forces in a quandary because it takes the offence of “stealing the affection of a brother officer’s lady wife” very seriously.
The charge of “violating good order and military discipline” can still be pressed against an officer for adultery under Section 63 of the Army Act, and its equivalent sections in Air Force Act and the Navy Act.
But while that charge can be heard by military courts, it is now likely to be overturned in higher courts after Thursday’s judgment in which the apex court struck down Section 497 of the IPC and ruled that adultery should not be treated as a criminal offence.
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