CrPC Section 198
⚖️ Section 198 – Prosecution for offences against marriage
Legal Provision (Simplified):
This section lays down when a complaint for offences related to marriage can be made and who can file it.
For certain offences relating to marriage, such as:
Adultery (Section 497 IPC),
Criminal breach of promise to marry (Section 498 IPC),
Enticing or taking away or detaining a woman with intent to marry (Section 498A IPC),
And similar offences,
The complaint can only be filed with the permission (leave) of the Magistrate.
Key Points:
Prevents frivolous or malicious complaints in sensitive family matters.
The Magistrate grants or refuses permission to proceed after a preliminary scrutiny.
If the complaint is made without the Magistrate’s permission, it can be dismissed.
Who can file?
Generally, only the aggrieved party or a person with a legal right can file a complaint.
In some cases, the husband or wife must file; in others, family members may be involved depending on the offence.
Example:
If a husband wants to prosecute someone for adultery with his wife, he must first get permission from the Magistrate before the complaint is registered and investigated.
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