COL. RAJNISH BHANDARI vs UNION OF INDIA

The Supreme Court declared Section 497 of the Ranbir Penal Code, 1932, unconstitutional, aligning with its judgment in Joseph Shine v. Union of India (2019) 3 SCC 39, which found similar provisions in the Indian Penal Code violative of Part III of the Constitution. The Court held that the provision's implication that a wife could be punished as an abettor is untenable. Consequently, the appeal was allowed, and the Armed Forces Tribunal's judgment was set aside, although confirmation proceedings under Section 63 of the Army Act, 1950, may continue.