Report No. 73

Chapter 2

Amendments Recommended in The Code of Criminal Procedure, 1973

2.1. Procedure-complaint by the wife to be a requisite.-

In regard to procedure, we shall first deal with the mode of initiation of proceedings. In our opinion, it would be appropriate if a complaint of the wife is required for taking cognizance of the offence which is proposed to be created, 1since the offence is to be regarded as one primarily affecting the interests of the wife, and pertains to her marital status. There is already a provision in section 198(1) of the Code of Criminal Procedure, 19732, imposing certain restrictions subject to which cognizance of the specified offences punishable under Chapter XX of the Indian Penal Code-offences relating to marriage-can be taken. Section 198 provides that no court shall take cognizance of an offence punishable under Chapter )0( of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence.

1. Chapter 1, supra.

2. See Appendix 2.

2.2. We are of the view that the same rule should apply to the new offence; the court shall not take cognizance of the offence in question except upon complaint made by the wife1.

1. Chapter 1, supra.