Code:
1[No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1960) 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 fathers or mothers brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.]
Explanation:
This provision aims to prevent frivolous and malicious prosecutions under Section 498A, which is often used as a tool for harassment in domestic disputes. It emphasizes that the prosecution of such offenses can only be initiated:
- By the wife herself,
- Or by a person authorized by her.
This ensures that the wife’s consent is obtained before any legal action is taken.
Illustration:
Suppose a husband is accused of cruelty by his wife. The police cannot arrest him or file a charge sheet against him without the wife’s complaint. If the wife does not want to pursue the matter, no legal action can be initiated against the husband.
Common Questions and Answers:
Q. Can a wife file a complaint directly with the police?
Yes, a wife can file a complaint directly with the police. The police will then investigate the matter and if they find evidence, they will file a charge sheet in court.
Q. Who can authorize a person to file a complaint on behalf of the wife?
The wife can authorize anyone she trusts to file a complaint on her behalf. This could include her parents, siblings, friends, or legal representatives.
Q. What if the wife is unable to give consent due to mental or physical incapacity?
In such cases, a guardian or legal representative of the wife can file a complaint on her behalf. The court will then determine whether the wife’s consent is required in the specific circumstances.
Q. Can a court take cognizance of a complaint filed by someone other than the wife without her consent?
No, a court cannot take cognizance of a complaint filed by someone other than the wife without her consent. The court will dismiss such complaints.
