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Report No. 73

2.3. Applicability of section 198(1) of the Code.-

Once the new offence is included1 in Chapter XX of the Indian Penal Code, the main provision in section 198(1) of the Code of Criminal Procedure, 1973, will apply to it,2 without any textual amendment for that purpose, section 198(1) of the Code of Criminal Procedure, 1973-to quote only the portion creating a bar against taking cognizance-provides as follows:-

"198. (1) No court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence".

1. Paras. 2.1 and 2.2, supra.

2. See Appendix 2 for the text of relevant portion of section 198 of the Code.



Criminal Liability for failure by Husband to Pay Maintenance or Permanent Alimony certain to the Wife by the Court under Certain Enactments or Rules of Law Back




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