Prosecution for offences against marriage (section 198 of Code of Criminal Procedure)
Prosecution for offences against marriage (section 198)
1. Except upon a complaint made by some person aggrieved by the offence. No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code.
Provided that :
1. where such person is :
- below the age of eighteen years, or
- an idiot or
- a lunatic, or
- unable to make complaint due to sickness or infirmity or
- a woman who, according to the local customs and manners, cannot compelled to appear in public.
some other person may, for above mentioned person and also with the leave of the Court, make a complaint.
2. where such person is husband and also serving in any of the Armed Forces of the Union. If his commanding officer preventing him from obtaining leave of absence to unable him to make complaint. Then some other person so authorized by the husband in accordance with the provisions of Sub-Section (4) may make a complaint on his behalf;
3. where the person aggrieved by an offence is the wife who is punishable under section 494 or section 495 of the Indian Penal Code. Then the complaint may made by her father, mother, brother, sister, son or daughter or by her father’s or mother’s, brother or sister on her behalf. With the leave of the Court, by any other person related to her by blood, marriage or adoption.
2. According to sub-section 1, only the husband of the woman deemed to aggrieved by any offence punishable under section 497 or section 498 of the Indian Penal Code. Provided that in the absence of the husband, some other person who had care of the woman at the time when such offence committed. Such person may, with the leave of the Court, make a complaint on his behalf.
3. The complaint sought to made on behalf of a person below the age of eighteen years or a idiot or a lunatic by some person. Such person has not appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic. The Court satisfied that a guardian so appointed or declared. The Court before granting the application for leave. It shall cause notice to given to such guardian and give him a reasonable opportunity of being heard.
4. The authorization shall provided in written form. It shall signed or otherwise attested by the husband. Also contain a statement to the effect that he has knowledge of the allegations upon which the complaint needs to founded. The authorization shall also countersigned by his Commanding Officer. It shall have attachment of certificate by that Officer. Such certificate should contains the reason for leave of absence cannot granted to the husband.
5. Any document purporting to be such an authorization and complying with the provisions of Sub-Section (4). Any document purporting to be a certificate required by that Sub-Section. It shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
6. No Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual inter-course by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.
7. The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.