Section 198B CrPC - Cognizance of Offence under Section 376B IPC

Section 198B of the Code of Criminal Procedure, 1973 prescribed a special condition for a court to take cognizance of the offence punishable under Section 376B of the Indian Penal Code, 1860 where the parties were in a marital relationship.

Pre-BNSS law: This article explains Section 198B CrPC and Section 376B IPC as they applied under the criminal-law framework before the Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023 came into force. For the current framework, the corresponding provisions are Section 221 BNSS and Section 67 BNS.

Text of Section 198B of the Code of Criminal Procedure, 1973

198B. Cognizance of offence. No Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.

Section 198B was inserted by Section 19 of the Criminal Law (Amendment) Act, 2013.

Meaning and scope of Section 198B CrPC

Section 198B restricted the manner in which a court could take cognizance of an offence under Section 376B IPC. It applied where the accused and the complainant were husband and wife and the alleged offence was sexual intercourse by the husband with his wife during separation.

For the purpose of Section 198B, cognizance refers to the court taking judicial notice of the alleged offence for proceeding in accordance with criminal procedure. The provision required two important conditions: a complaint filed or made by the wife against the husband, and the court's prima facie satisfaction that the facts alleged constituted the offence.

What was Section 376B IPC?

Section 376B of the Indian Penal Code dealt with sexual intercourse by a husband with his own wife while she was living separately, whether under a decree of separation or otherwise, without her consent. The provision prescribed imprisonment and fine for the offence. Section 198B CrPC operated as the procedural cognizance provision connected with that substantive IPC offence.

Requirements before a court could take cognizance

Requirement	Effect under Section 198B CrPC
Applicable offence	The allegation had to concern an offence punishable under Section 376B IPC.
Marital relationship	The provision applied where the persons were in a marital relationship.
Complaint by wife	The complaint had to be filed or made by the wife against the husband.
Prima facie satisfaction	The court had to be prima facie satisfied that the alleged facts constituted the offence before taking cognizance.

Why Section 198B was significant

The provision did not itself create the offence. The substantive offence was contained in Section 376B IPC. Section 198B CrPC instead prescribed a procedural safeguard and threshold governing cognizance by the criminal court. Therefore, the complaint and the court's prima facie assessment were central to the operation of the section.

Corresponding provision after the new criminal laws

Under the present criminal-law framework, Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 198B CrPC. It refers to the offence under Section 67 of the Bharatiya Nyaya Sanhita, 2023 and substantially retains the requirement of a complaint by the wife and prima facie satisfaction of the court.

Practical note: For an occurrence, proceeding or legal question governed by the earlier CrPC and IPC framework, the applicable statutory and transitional provisions should be checked with reference to the relevant date and facts. For current matters, consult the BNSS and BNS provisions applicable to the case.

Related CrPC provisions

For connected provisions on prosecution and complaints, see Section 198A CrPC - prosecution of offences under Section 498A IPC, Section 199 CrPC - prosecution for defamation, and Sections 200 to 203 CrPC - complaint proceedings before a Magistrate.