another for
the offence punishable under sections 497, 415, 504,
506 read with Section 34 of IPC.
4. The brief factual matrix that ... that wife cannot be prosecuted for the offence
punishable under section 497 of IPC. Even if the entire
allegations made in the complaint
CrPC was
fully replaced in 1973, Section 198 continued to be on the
statute book. Even as of today, Section 497 IPC continues ... Section 198 must, for similar reasons, be held to be no
longer good law. We, therefore, declare that Section
497 of the Indian Penal Code
Indian Penal Code
except upon a complaint made by some person
aggrieved by the said offence. As per sub-section (2) of
Section 198 ... aggrieved by any offence punishable
under Section 497 or Section 498 of IPC. in the case on
hand, admittedly, the husband
disclose any material to attract the provisions under
section 494 or under section 497 of I.P.C. in order to
continue the prosecution against ... above said decision
AIR 1988 SC 835 that :
8
" Section 497 of Penal Code is so designed
that a husband cannot prosecute the wife
OFFENCES PUNISHABLE U/S
497 R/W SEC. 34 OF IPC PENDING ON THE FILE OF THE COURT
:2:
OF JMFC (I-COURT ... IPC as the very section demonstrates that the wife
cannot be prosecuted under Section 497 of IPC
held guilty of
the offence under section 302 IPC. So far as the offence
under section 497 IPC is concerned ... held guilty of the offence
under Section 304(II) of IPC instead Section
302 of IPC.
v) The conviction and sentence
India reported in AIR 2018 SC 4898
has held Section 497 of IPC is ultra vires the Constitution
of India and has struck ... invoking Section 498A of IPC is
based on the allegations made for the offence punishable
4
under Section 497 of IPC
IPC.
4) Section 198 of Cr.P.C. bars the court from
taking cognizance of an offence punishable under
Chapter-XX of IPC ... provisions of Section 198 of
Cr.P.C., the court cannot taken cognizance for the
offence under Section 497 of IPC based
petitioners for offences punishable under Sections 497, 506, 109 read with Section 34 of IPC. It is that Order, which has been challenged ... aggrieved by any offence punishable under Section 497 or Section 498 of the said Code:
PROVIDED that in the absence of the husband, some person
contended that the provisions of
Section 354C of IPC and Sections 506 , 201 of IPC will not
attract. There ... said
to be committed rape under Section 376 and an unnatural
offence under Sections 497 , 498 of IPC. But the trial Court
disagreed
