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Code of Criminal Procedure, 1973 · Chapter XIV: Conditions Requisite for Initiation of Proceedings

Section 198A: Prosecution of offences under section 498A of the Indian Penal Code

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNSS section 220 (Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023)

In plain words

A court can take cognizance of cruelty to a woman by her husband or his relatives under section 498A of the Indian Penal Code only on a police report or on a complaint by the woman, her parents, siblings, or her parents' siblings, or, with the court's leave, another blood, marital or adoptive relative.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 198A

No Supreme Court judgment in our database cites this section yet.