Adultery no longer a crime’: Jharkhand High Court reinstates dismissed constable

4 min readRanchiJul 8, 2026 02:59 PM IST

The criminal proceedings arising out of the FIR will continue independently before the competent court. (Image generated using AI)

The Jharkhand High Court has set aside the dismissal of a Jharkhand Armed Police (JAP) constable, observing that “adultery is no longer a criminal offence”, while holding that the disciplinary proceedings against him were arbitrary and violative of Articles 14 and 21 of the Constitution.

However, the order relates only to the departmental action against the constable. The criminal proceedings arising out of the FIR will continue independently before the competent court.

The case pertains to Bharat Pathak, who joined the JAP as a constable in 2007. In 2023, a woman approached the Commandant of JAP-10 in Ranchi alleging that although both of them were married and had children, Pathak had married her and lived with her from October 2019 to April 2023. She alleged that the constable established a physical relationship with her and later refused to accept it. Claiming her life had been ruined, she sought action against him.

Her complaint triggered a preliminary departmental inquiry, while an FIR was separately registered in Ranchi under Sections 417 and 376(2)(n) of the IPC. Pathak was suspended in September 2023 and departmental proceedings were initiated against him. Following the inquiry, he was dismissed from service in December 2024. After his departmental appeal was rejected, he moved the high court challenging the dismissal.

Justice Deepak Roshan, while examining the records, noted that the preliminary inquiry itself had revealed significant gaps in the evidence relied upon by the department. Witnesses who conducted the inquiry admitted during cross-examination that there was no “documentary proof” of the alleged marriage, no statement from the landlord of the rented accommodation where the couple was alleged to have lived together, and no CCTV footage from the hotels where they were allegedly seen. The inquiry, the court noted, was largely based on the complainant’s statement.

The high court also found that the department eventually dismissed the constable on a ground different from the one for which disciplinary proceedings had been initiated. The dismissal order relied on the existence of the rape FIR, even though it was not part of the charge framed in the departmental inquiry.

“Both the impugned orders are passed on a charge that was never framed against the petitioner, thereby causing severe prejudice, violating principles of natural justice and is illegal in the eyes of law,” the court observed.

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The court further held that the disciplinary and appellate authorities had failed to adequately consider the constable’s defence and had passed “non-speaking” orders without properly explaining how the charges stood proved.

Referring to the Supreme Court’s judgment in the Joseph Shine case, Justice Roshan observed: “The offence of adultery has already been struck down by the Hon’ble Supreme Court… wherein it has been held that the offence of adultery is no more a crime”.

The court further observed that the authorities appeared to have been swayed by the seriousness of the allegations rather than the evidence on record. “Neither the disciplinary authority nor the appellate authority has recorded cogent reasons demonstrating how the charges were proved on the basis of reliable evidence. The authorities appear to have been influenced merely by the nature of the allegations rather than by legally admissible evidence,” the judgment said.

Calling the departmental action “arbitrary, disproportionate and violative of Articles 14 and 21 of the Constitution of India”, the high court quashed the dismissal order, the consequential order and the appellate order. It directed the Jharkhand Police to reinstate Pathak as a constable with back wages and all consequential service benefits.

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The judgment was delivered last month, while the detailed order was uploaded earlier this month.

Shubham Tigga is a Correspondent at The Indian Express, presently based in Pune, where he covers the intersections of infrastructure, labor, and the modern economy. His reporting focuses on civil aviation, urban mobility, the gig economy, and workers' unions, providing critical insights into how transit and commercial sectors impact the daily lives of citizens.

Expertise & Background

Before moving to Pune, he reported extensively from his home state of Chhattisgarh, where he focused on Indigenous (Adivasi) issues, environmental justice, and grassroots struggles in mainland India. This experience gives him a unique lens through which he analyzes the impact of large-scale infrastructure projects on local communities.

Academic Foundation

He is an alumnus of the prestigious Asian College of Journalism (ACJ), where he honed his skills in investigative reporting and ethical journalism. His academic training, combined with his field experience in Central India, allows him to navigate complex socio-economic landscapes with nuance and accuracy.

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