Section 198A CrPC - Prosecution for Offence under Section 498A IPC
Section 198A of the Code of Criminal Procedure, 1973 prescribed the persons and modes through which a court could take cognizance of an offence punishable under Section 498A of the Indian Penal Code, 1860. This page explains the provision as it applied under the CrPC and IPC framework before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
What is Section 198A of the Code of Criminal Procedure, 1973?
Section 198A was a special rule governing cognizance of the offence under Section 498A IPC. In criminal procedure, cognizance refers to the court taking judicial notice of an alleged offence for the purpose of proceeding according to law. Section 198A restricted the sources from which a court could validly take cognizance of an offence under Section 498A IPC.
Text of Section 198A CrPC
No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1860) 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.
Section 198A was inserted by the Criminal Law (Second Amendment) Act, 1983 (Act 46 of 1983), section 5, with effect from 25 December 1983.
Meaning and scope of Section 198A CrPC
The provision did not itself create the offence of cruelty. The substantive offence was contained in Section 498A IPC. Section 198A CrPC dealt with the procedural question of how a court could take cognizance of that offence.
- Police report: Cognizance could be taken upon a police report setting out facts constituting the offence. Under Section 2(r) CrPC, a police report meant a report forwarded by a police officer to a Magistrate under Section 173(2) CrPC.
- Complaint by the aggrieved woman: The woman allegedly subjected to cruelty could make the complaint herself.
- Complaint by specified relatives: Her father, mother, brother, sister, or the brother or sister of her father or mother could make the complaint.
- Other relatives with leave of court: Another person related to her by blood, marriage or adoption could complain if the court granted leave.
Section 498A IPC - offence to which Section 198A applied
Section 498A IPC dealt with a husband or a relative of the husband subjecting a woman to cruelty. The provision prescribed imprisonment which could extend to three years and fine. Its explanation treated specified wilful conduct causing or threatening grave harm, and specified harassment connected with unlawful demands for property or valuable security, as cruelty for the purpose of the section.
Why Section 198A was important
Section 198A identified the legally recognised channels for initiating cognizance of an alleged Section 498A IPC offence. It therefore had to be read together with Section 498A IPC, the CrPC provisions governing complaints and police reports, and the First Schedule classification of the offence.
Position after commencement of BNSS and BNS
From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC for the new statutory framework, subject to the applicable savings and transitional provisions. The corresponding procedural provision is Section 220 BNSS, concerning prosecution of offences under Section 85 BNS. Section 85 BNS deals with punishment for a husband or relative of a husband subjecting a woman to cruelty, while Section 86 BNS defines cruelty.
This page is retained as a reference to Section 198A CrPC and Section 498A IPC for matters governed by the earlier law. The applicable provision in a particular case depends on the relevant facts, dates and statutory savings or transition rules.
Related CrPC provisions
For the surrounding statutory scheme, see Section 198B CrPC - Cognizance of offence, Section 199 CrPC - Prosecution for defamation, and Sections 200 to 203 CrPC - complaints to Magistrates.