Section 198 in The Code of Criminal Procedure, 1989 (1933 A. D.)
198. Prosecution for breach of contract, defamation and offences against marriage.
- No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Ranbir Penal Code, or under sections 493 to 496 (both inclusive) of the same. Code, except upon a complaint made by some person aggrieved by such offence :Provided that where the person so aggrieved is a woman who, according to the customs and manners of the country, ought not to be compelled to appear in public, or where such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other per.son may, with the leave of the Court, make a complaint on his or her behalf:[Provided further that where the husband aggrieved by an offence under section 494 of the said Code is serving in any of [the Armed Forces of Indian Union] [Further proviso to section 198 added by Act III of 2001.] [X X X] [Words 'or His Highness Armed Forces' deleted by Act X of 2010.] under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (1) of section 199-B may, with the leave of the Court, make a complaint on his behalf].
