Section 198 of the Code of Criminal Procedure provides that no Court can take cognizance of an offence against marriage punishable under Chapter XX of the Indian Penal Code, 1860, unless a complaint is made by some person who is aggrieved by the offence. However, it is also provided that—
Image Source: thegraphicsfairy.com
(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;
ADVERTISEMENTS:
(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 who is duly authorised by the husband may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under S. 494 or S. 495 of the Indian Penal Code is the wife,—the 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, or with leave of the Court, by any other person related to her by blood, marriage or adoption.
It is also provided that no Court can take cognizance of an offence under S. 376 of the Indian Penal Code, if such offence consists of sexual intercourse by a man with his own wife who is under fifteen years of age, if more than one year has elapsed from the date of the commission of such an offence. The above provisions apply, not only to the commission of such an offence, but also to the abetment of, and attempt to commit, such an offence.