S. 198 of the Code of Criminal Procedure 1973
Proposed Amendments by Government
The existing provisions bar the criminal court from taking cognizance of an
offence under section 494 or section 495 of the Indian Penal code except on the
complaint of the wife or a complain made, on her behalf by the specified
relatives of the wife.
The question is whether this restriction should be removed . And if the
affected women does not make a complaint whether any women's welfare
organization or any legal aid cell or any one else should have the right to
make a complaint.
Suggested Amendments by NCW
Restriction on the filing of a complaint u/s 198 (1) should be removed in
respect of Ss. 494 and 495 of the IPC. Omitting Clause ( c ) to the proviso to
sub-section I 1 ) of S. 198. The amendment may be as follows:
In sub-section ( 1 ) of S. 198, Cr. P.C. ( i ) after the words and figures '
under Chapter XX' the words and figures 'other than sections 494 and 495' shall
ii) Clause ( c ) of the proviso shall be omitted.
General Suggestions and Remarks
Normally women (wives) in India do not make any such complaints for a variety