Discuss the prosecution process of offences against marriage as provided under CrPC, 1973.

Question: Discuss the prosecution process of offences against marriage as provided under CrPC, 1973. [UPCJ, 2016]

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Answer

Section 198 of the Criminal Procedure Code lays down provisions for Prosecution for offences against marriage. According to the provision,

“No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code, except upon a complaint made by some person aggrieved by the offence.”

Chapter XX of IPC contains six offences relating to marriage. They are:

1. deceitful cohabitation by man; [Section 493]
2. bigamy; [Section 494]
3. bigamy with concealment of former marriage; [Section 495]
4. fraudulently going through marriage ceremony without lawful marriage; [Section 496]
5. adultery; [Section 497] and
6. enticing, etc. a married woman. [Section 498]

The object of Section 198(1) is to prevent strangers from interfering in a family life when the aggrieved family members themselves are unwilling to agitate against any alleged wrong.

1. Where the aggrieved person is under the age of 18 years, or is an idiot or a lunatic, or is from sickness, or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with leave of the court, make a complaint on his or her behalf. [Section 198(1), proviso (a)]
2. Where the aggrieved person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his commanding officer as precluding him from obtaining a leave of absence to enable him to make a complaint in person, some other person authorised as mentioned below may make a complaint on his behalf. [Section 198(1), proviso (b)]

The abovesaid authorisation-

i) shall be in writing,

ii) shall be signed or otherwise attested by the husband,

iii) shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded,

iv) shall be countersigned by his commanding officer, and

v) shall be accompanied by a certificate signed by that officer to the effect that leaves of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband. [Section 198(4)]

Moreover, Section 198A of the code relates to the provision for the prosecution of offences under section 498A of the Indian Penal Code. It states that

“No Court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’ s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.”

This provision was introduced by the Criminal Law (Amendment) Act, 1983, to provide for the offence of cruelty or harassment of women committed under the newly added section 498A of IPC. It gives locus standi to the father, mother and other near relations of the woman who is or has been the victim of such cruelty or harassment to complain.

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