IPC Section 198
IPC Section 198 deals with the prosecution for offenses against marriage. It lays down conditions under which a criminal complaint related to certain marriage offenses can be made.
🔹 Full Text of IPC Section 198:
"No Court shall take cognizance of any offense punishable under Chapter XX or Chapter XXI (except Section 494) except on a complaint in writing made by some person aggrieved by the offense."
🔹 Explanation:
Chapter XX includes offenses related to rape and sexual offenses.
Chapter XXI deals with offenses related to marriage such as:
Bigamy (Section 494),
Adultery (Section 497, now struck down but still referenced historically),
Cruelty by husband or relatives (Section 498A),
And others.
Exception: Section 494 (bigamy) can be prosecuted even without a complaint by the aggrieved person.
The key point is that the court cannot take cognizance of these marriage-related offenses unless a written complaint is filed by the aggrieved party (usually the person affected by the offense).
🔹 Summary:
This section protects individuals from frivolous prosecutions by requiring a formal written complaint by the victim.
It restricts the initiation of criminal cases related to certain marriage offenses unless the victim files a complaint.
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