Section 198 in The Code of Criminal Procedure, 1973
198. Prosecution for offences against marriage.
(1) No Court shall take cognizance of an offence punishable ... wife being under [eighteen years of age] [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 18, for "fifteen years
complaint under proviso to Section 199(1) of the Code of Criminal Procedure, 1973, which lays down that where a complainant is under ... accordance with the provisions of Section 199(1) of the Code of Criminal Procedure, 1973, as such prosecution of the appellants
made in the First Schedule to the Code of
Criminal Procedure , 1973 by the Code of Criminal Procedure (Andhra
Pradesh Second Amendment) Act, 1992, shall ... purposes of the
Code of Criminal Procedure , 1973 including for the purpose of Section
198 of the Criminal Procedure Code. Section 198(1)(c), after
Code of Criminal Procedure , 1973 and made the offence under
Section 494 IPC a 'cognizable' offence and a 'non-bailable' offence ... view of the specific
language of Section 198(1) of the Code of Criminal Procedure, under
which, the complaint to the Court, competent to take
stands excluded.
13. The scope and ambit of Section 198 of the Code
of Criminal Procedure, 1973, being a clear exception to the
general rule ... under Section 494 of IPC an offence falling
squarely under Chapter XX of IPC , the bar under Section
198(1) of Cr.P.C. became
petitioner submits
that in view of provisons, incorporated in Section 198 CrPC, a court cannot take
cognizance of some offence punishable under chapter ... Since, there is total violation of directions rendered in section
198 CrPC, the proceeding in question is liable to be quashed on this
made a party under the Code of Civil Procedure ,
1908 and not the proceedings under Code of Criminal
Procedure ... offences under Chapter XX of the Indian Penal Code .
Section 198 (1) & (2) of the Cr.P.C specifically provide
Section 497 of the
Indian Penal Code ( IPC ) and Section 198 of the Code of Criminal
Procedure ( CrPC ).
2. At this juncture ... going to deal with the constitutional validity of Section 497 IPC
and Section 198 CrPC. The learned counsel for the petitioner
submits that
under Section 2(d) . The word 'complaint', used under Section
198 Cr.P.C, does not connote the meaning assigned to it under ... word 'complaint' has been used in Section 198 Cr.P.C., in the ordinary sense of
the term, i.e. the expression
Section 500 I.P.C. as there was a non-conformance to the provisions of Section 198 of the Code of Criminal Procedure, inasmuch ... aggrieved person within the meaning of Section 198 , Criminal Procedure Code. Mr. Dutt further referred to another case (1935)36 Cri LJ 975 (Sind
