This is an archive article published on September 28, 2018
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Spotlight on Army Act after Supreme Court verdict on adultery

Adultery law verdict by Supreme Court: 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.

Written by: Sushant Singh
2 min readNew DelhiSep 28, 2018 06:57 AM IST First published on: Sep 28, 2018 at 01:18 AM IST
Adultery verdict, supreme court verdict on adultery, supreme court verdict on adultery law, adultery illegal, adultery legal, adultery law, adultery law judgement, army law on adultery, Indian express Army Chief General Bipin Rawat has issued clear instructions to commanders that no leniency should be shown in initiating investigations in cases of “moral turpitude”.

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.

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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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