CrPC Section 98
CrPC Section 98 – Directions for restoration of abducted females
This section deals with the recovery and restoration of women (or girls) who are abducted, unlawfully detained, or kept in wrongful custody. Its main purpose is to safeguard the liberty, dignity, and protection of women.
Key Points:
Power of the Magistrate
If a Magistrate receives information that a woman is being wrongfully confined, abducted, or unlawfully detained, he has the authority to issue an order for her immediate recovery.
The Magistrate can also order her restoration to her lawful guardian, such as parents, husband, or any other legal custodian.
Who it applies to
Minor girls who are enticed, kidnapped, or held against their will.
Married women unlawfully detained away from their lawful guardians/husbands.
Any woman kept in custody by force, coercion, fraud, or inducement.
Nature of Proceedings
Usually initiated when a relative, guardian, or lawful custodian files an application before the Magistrate.
After inquiry and satisfaction that the woman is indeed wrongfully detained, the Magistrate directs her release and restoration.
Objective
Protection of women and minor girls from abduction, forced marriage, trafficking, or prostitution.
To ensure that no woman is held in illegal confinement against her will.
Example
Suppose a 16-year-old girl is abducted and kept locked in a house by someone. Her parents approach the Magistrate. The Magistrate can:
Direct the police to rescue the girl and produce her before the court.
After verification, order that the girl be restored to her parents or lawful guardian.
Conclusion
Section 98 of CrPC ensures legal protection and quick remedy for abducted or wrongfully confined women by empowering Magistrates to order their release and restoration. It acts as a safeguard against forced detention, trafficking, and exploitation of women.
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