In Brief
The Union of India sought clarification of the landmark Joseph Shine judgment that struck down the adultery provision (Section 497 IPC), asking whether this affected Armed Forces personnel subject to special legislation. The Supreme Court clarified that its Joseph Shine judgment addressed only Section 497 IPC's constitutionality under Articles 14, 15, and 21. It did not consider—nor was required to consider—provisions in the Army Act, Navy Act, and Air Force Act that govern Armed Forces discipline. Accordingly, those special Acts remain available to prosecute military personnel for conduct deemed unbecoming or prejudicial to military discipline, even if such conduct would not be criminal under repealed IPC provisions. The Court allowed the impleadment application and disposed of the matter.
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