IPC Section 198 does not define a criminal offence. It is actually Section 198 of the Code of Criminal Procedure, 1973 (CrPC), which explains when courts can take cognizance of offences related to marriage, such as adultery, cruelty, bigamy, and defamation against married persons. Under Indian law, only certain affected persons can file a complaint in such cases.
Detailed Explanation
Many people search for “IPC Section 198,” but this provision is not part of the Indian Penal Code (IPC). It belongs to the Code of Criminal Procedure (CrPC), which deals with the legal process followed in criminal cases.
Section 198 CrPC mainly applies to offences connected with marriage and family disputes. It restricts who can file a complaint before a court in such matters.
The purpose of this section is to prevent misuse of criminal law by outsiders who are not directly affected by the offence.
What Does Section 198 CrPC Say?
Section 198 states that a court cannot take cognizance of certain offences unless a complaint is made by the “person aggrieved.”
This means the complaint must generally be filed by the person who suffered due to the offence.
For example:
- In a bigamy case, the husband or wife affected by the second marriage can file the complaint.
- In matrimonial offences, unrelated third parties usually cannot start criminal proceedings.
Offences Covered Under Section 198 CrPC
This section mainly applies to offences under Chapter XX of the Indian Penal Code, which deals with marriage-related offences.
These include:
| Offence | Relevant IPC Section |
|---|---|
| Bigamy | IPC Section 494 |
| Concealing former marriage | IPC Section 495 |
| Fraudulent marriage ceremony | IPC Section 496 |
| Adultery (before decriminalisation) | IPC Section 497 |
| Enticing married woman | IPC Section 498 |
However, adultery under IPC Section 497 was struck down by the Supreme Court in 2018 in the case of Joseph Shine v. Union of India.
Why Is Section 198 Important?
Section 198 protects personal and matrimonial matters from unnecessary public interference.
Without this restriction:
- Any unrelated person could file criminal complaints in private family disputes.
- Courts could be flooded with false or motivated cases.
- Personal marital issues could be misused for harassment.
The law therefore limits the right to file complaints to affected individuals.
Example of Section 198 CrPC
Suppose a husband discovers that his wife has entered into a second marriage during the subsistence of their first marriage.
Under Section 198 CrPC:
- The husband can file a criminal complaint for bigamy.
- A neighbour, friend, or distant relative generally cannot file the case on his behalf unless legally authorised.
Who Can File the Complaint?
The law usually allows:
- The affected husband or wife
- Close family members in special situations
- A guardian if the aggrieved person is a minor or mentally incapable
- A person authorised by the court in exceptional cases
The court examines whether the complainant has proper legal standing before proceeding.
Key Points / Important Facts
- Section 198 belongs to the Code of Criminal Procedure, not the IPC.
- It applies mainly to marriage-related criminal offences.
- Courts cannot take cognizance without a complaint from the aggrieved person.
- The provision helps prevent misuse of criminal law in matrimonial disputes.
- Outsiders usually cannot file complaints in personal marriage matters.
- Adultery under IPC Section 497 is no longer a criminal offence in India.
- Bigamy remains punishable under IPC Section 494.
- The section focuses on procedural requirements, not punishment.
Legal Provision or Section
Relevant Law
- Act: Code of Criminal Procedure, 1973
- Section: Section 198 CrPC
- Subject: Prosecution for offences against marriage
Current Legal Status
The CrPC is gradually being replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Under the new law, similar procedural provisions relating to matrimonial offences continue with updated section numbering and structure.
Readers should also know:
- IPC has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) for many criminal law provisions.
- Older IPC section references are still commonly used in courts, legal discussions, and online searches.
What the Provision Mainly Says
Section 198 CrPC provides that:
- Courts can take cognizance of certain marriage-related offences only on a complaint by the aggrieved person.
- Special permission rules apply where the affected person cannot personally approach the court.
This section mainly controls the procedure for filing complaints.
Conclusion
What is IPC Section 198 is a common legal search query, but the provision actually belongs to the Code of Criminal Procedure. Section 198 CrPC deals with who can file complaints in marriage-related criminal offences. It ensures that only affected persons can initiate such cases, helping prevent misuse of criminal proceedings in personal family matters.
Sources & References
- India Code – Code of Criminal Procedure, 1973: India Code – CrPC 1973
- Legislative Department, Government of India: Legislative Department
- India Code – Bharatiya Nagarik Suraksha Sanhita, 2023: BNSS 2023 Official Text
- India Code – Bharatiya Nyaya Sanhita, 2023: BNS 2023 Official Text
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.