CrPC Section 498
CrPC Section 498 – Cognizance of offences by Magistrates
Text of Section 498 (simplified):
“No court shall take cognizance of an offence punishable under Chapter XX-A (cruelty by husband or relatives of husband to a woman) except upon a complaint made by—
(a) the woman herself, or
(b) any person on her behalf, or
(c) a police officer.”
Detailed Explanation
Nature of Section 498:
This section restricts who can file a complaint for certain offences.
Specifically, it deals with offences under Chapter XX-A of IPC, which includes cruelty towards a woman by her husband or his relatives.
Key Points:
A. Offences Covered:
Cruelty under IPC Section 498A, which typically includes:
Physical or mental abuse of a woman by her husband or in-laws
Harassment related to dowry demands
Conduct that drives the woman to commit suicide or causes grave injury
Only the following persons can make a complaint:
The woman herself
Any person on her behalf (like family members, friends, NGOs)
A police officer acting in official capacity
To protect women and ensure that complaints about domestic cruelty are taken seriously.
Prevent false or frivolous complaints by limiting who can approach the court.
Why Section 498 Exists:
Domestic issues are sensitive, and misuse of the law can affect families.
The law ensures that complaints are made genuinely on behalf of the victim, not by outsiders with malicious intent.
Procedure:
Once a complaint is filed by an authorized person, the Magistrate can take cognizance and initiate proceedings.
The police can also investigate the case and submit a report under CrPC provisions.
Example:
A woman is harassed by her husband demanding dowry.
She can directly file a complaint under Section 498A, and the Magistrate can take cognizance.
Her father or sister files a complaint on her behalf.
Section 498 allows this as well.
A neighbor files a complaint without her consent.
This is not allowed, and the court cannot take cognizance under Section 498.
✅ In short:
CrPC Section 498 ensures that complaints under cruelty by husband or relatives (IPC 498A) are filed only by the victim, her representative, or the police, thereby protecting women while preventing misuse of the law.
RELATED Blog
0 comments