R.F.NARIMAN,J. - (1.) Having heard learned counsel for both the parties and having perused Section 497 of the Ranbir Penal Code, 1932, applicable to the State of Jammu and Kashmir, we are of the view that, given our judgment in Joseph Shine v. Union of India (2019) 3 SCC 39, the pari materia provision contained in Section 497 of the Ranbir Penal Code be also declared as violative of Part III of the Constitution of India.
(2.) The sentence "In such case the wife shall be punishable as an abettor", which does not occur in Section 497 of the Indian Penal Code, 1860, cannot stand by itself in view of the fact that the expression used is 'In such case'.
(3.) The entire Section is, therefore, declared to be unconstitutional. The fact that this statement of law in the Ranbir Penal Code is the exact opposite of the statement of law, so far as the wife is concerned, of that contained in the Indian Penal Code, 1860, is of no consequence.;