THE armed forces of any country are an extension of that society. They are not only built according to the cultural, religious and social ethos of that nation, but are responsible to the constitution and the penal code. Therefore, the In dian Penal Code is applicable to every member of the armed forces, unless specifically clarified by the legal authorities on the subject. Differences inapplicability of laws and rights between the civil and military forces are due to specific requirements and the nature of work in which a person is employed.
Recently, the Supreme Court agreed to examine the centre’s request to keep adultery a crime in the armed forces. A bench, comprising Justices RF Nari man, Navin Sinha and KM Joseph, also ref erred the matter to Chief Justice of In dia SA Bobde for setting up of a five-judge Constitution Bench which could clarify the position.
In September 2018, the Supreme Court unanimously struck down Sec tion 497 of the IPC that makes adultery a punishable offence for men. So adultery was decriminalised. Section 497 said: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery.” This is punishable with imprisonment which may extend to five years, fine or both. In such a case, the woman shall not be punishable as an abettor.
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