COL. RAJNISH BHANDARI, VSM versus UNION OF INDIA & ORS.

COL. RAJNISH BHANDARI, VSM versus UNION OF INDIA & ORS.

Given the Joseph Shine judgment declaring Section 497 IPC unconstitutional, the equivalent provision in the Ranbir Penal Code is also unconstitutional, so the charges under that section cannot survive. As for Section 63 of the Army Act, confirmation proceedings may continue.

Parties
Appellant: Col. Rajnish Bhandari, VSM; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
02 August 2019
Procedural Posture
Civil Appeal / Appeal From Armed Forces Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Adultery, Constitutionality of Statutes, Military Offences
Criminal Law Constitutional Law Military Law Adultery Constitutionality of Statutes Military Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Col. Rajnish Bhandari, VSM

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Armed Forces Tribunal Judgment

Legal Issues

  1. 1 Constitutional validity of Section 497 of Ranbir Penal Code
  2. 2 Survival of charges under Section 497 after Joseph Shine judgment
  3. 3 Status of proceedings under Section 63 of Army Act, 1950

Ratio Decidendi

Given the Joseph Shine judgment declaring Section 497 IPC unconstitutional, the equivalent provision in the Ranbir Penal Code is also unconstitutional, so the charges under that section cannot survive. As for Section 63 of the Army Act, confirmation proceedings may continue.

Court Disposition

Appeal allowed

Orders

  • Section 497 of the Ranbir Penal Code declared unconstitutional
  • Charges under Section 497 set aside