Prosecution for offences against marriage is defined under Section 198 of CRPC 1973. Provisions under this section is:
Section 198 of CRPC "Prosecution for offences against marriage"
(1) No Court shall take cognizance of an offence
punishable under Chapter XX of the Indian Penal
Code(45 of 1860) except upon a complaint made by
some person aggrieved by the offence:
Provided that-
(a) where such person is under the age of eighteen
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 the leave of the
Court, make a complaint on his or her behalf;
(b)
where such 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 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 (4) may make a complaint on his
behalf;
(c) where the person aggrieved by an offence
punishable under section 494 of the Indian Penal Code(45 of
1860) is the wife, complaint may be made on her behalf by her
father, mother, brother, sister, son or daughter or by her
father's or mother's brother or sister.
(2) For the purposes of sub-section (1), no person
other than the husband of the woman shall be deemed to be
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 who had care of the woman on his behalf at the time when
such offence was committed may, with the leave of the Court,
make a complaint on his behalf.
(3) When in any case falling under clause (a) of the
proviso to sub-section (1), the complaint is sought to be made
on behalf of a person under the age of eighteen years or of a
lunatic by a person who has not been appointed or declared by a
competent authority to be the guardian of the person of the
minor or lunatic, and the Court is satisfied that there is a
guardian so appointed or declared, the Court shall, before
granting the application for leave, cause notice to be given to
such guardian and give him a reasonable opportunity of being
heard.
(4) The authorisation referred to in clause (b) of
the proviso to sub-section (1), shall be in writing, shall be
signed or otherwise attested by the husband, shall contain a
statement to the effect that he has been informed of the
allegations upon which the complaint is to be founded, shall be
countersigned by his Commanding Officer, and shall be
accompanied by a certificate signed by that Officer to the
effect that leave of absence for the purpose of making a
complaint in person cannot for the time being be granted to the
husband.
(5) Any document purporting to be such an
authorisation and complying with the provisions of sub-section
(4), and any document purporting to be a certificate required by
that sub-section shall, unless the contrary is proved, be
presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence
under section 376 of the Indian Penal Code, (45 of 1860) where
such offence consists of sexual inter-course by a man with his
own wife, the wife being under fifteen years of age, if more
than one year has elapsed from the date of the commission of the
offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING
What is Prosecution of Judges and public servants? Section 197 of Code of Criminal Procedure 1973
What is Prosecution for offences against marriage? Section 198 of Code of Criminal Procedure 1973
COMPLAINTS TO MAGISTRATES