Adultery | A married young woman,…discarded by her husband, lived with her father and brother in Madras…intimate with the accused…The two ran away…settled in Bombay. The woman’s brother filed a complaint against the accused of offences under Sections 497/498 of the Indian Penal Code. Decide.

Question: Adultery | A married young woman who was discarded by her husband, lived with her father and brother in Madras. She became intimate with the accused who was her next-door neighbour.

The two ran away from Madras and eventually settled in Bombay. The woman’s brother filed a complaint against the accused of offences under Sections 497/498 of the Indian Penal Code. Decide. [D.J.S. 1991]

Find the answer to the mains question only on Legal Bites. [Adultery | A married young woman,…discarded by her husband, lived with her father and brother in Madras…intimate with the accused…The two ran away…settled in Bombay. The woman’s brother filed a complaint against the accused of offences under Sections 497/498 of the Indian Penal Code. Decide.]

Answer

To answer the present question as to whether offences punishable under Section 497/498 of I.P.C. are made out or not against the accused, it is important to point the relevant provision of CrPC in respect of offence punishable under Chapter XX of I.P.C.

Though as a general Rule any person having knowledge of the commission of an offence may set the law in motion by making a complaint.

Section 198 of the Criminal Procedure Code is an important exception to the abovesaid general Rule. It lays down as under:

“(1) No court shall take cognizance of an offence punishable under Chapter XX of Indian Penal Code except upon a complaint made by some person aggrieved by the offence.

(2) For the purpose of Sub-Section (1) no person other than the husband of the woman shall be deemed to be aggrieved by an offence punishable under Section 497 or 498 of the said Code:

Provided that in the absence of the husband, some person who had the care of the woman on his behalf at the time when the offence was committed, may with the leave of the court make a complaint on his behalf.”

So in respect of offences punishable under Section 497 or 498 which come within chapter XX of the Indian Penal Code, a complaint can be filed incompetent court by the aggrieved person and according to Section 198 of Cr.P.C., aggrieved person for the purpose of offences punishable under Section 497 or 498 I.P.C. is the husband of the woman or in his absence, some person who had the care of woman “on behalf” of her husband at the time of the commission of the offence.

In Ramnarayan Bahu Rao Kapur v. Emperor, AIR 1937 Bom. 186 It was observed “Under Section 198 Cr.P.C., in the absence of the husband, the complaint may be made by some person who had the care of the woman “on his behalf” at the time when the offence was committed. An express delegation is not necessary but the words “On his behalf” must be given some meaning. It is not enough that a person should take care of the wife instead of the husband because the husband will not take care of her and there is no one else to do it. It must be shown that the person had the care of her on behalf of her husband.”

However, in Joseph Shine v. Union Of India, decided on 27 September 2018, the Supreme Court held sections 497,498 of the Indian Penal Code, read with section 198(2) to be unconstitutional.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions