Report No. 73

2.4. Recommendation for amendment of section 198, Code of Criminal Procedure, 1973.-

It will, however be necessary to provide for cases where the wife cannot make a complaint because of certain unavoidable circumstances. In this context, reference may again be made to section 198 of the Code of Criminal Procedure, 1973. In that section, sub-section (1), proviso, clause (a), provides that in cases where the wife is under the age of 18 years or is an idiot or a lunatic or is suffering from sickness or infirmity and unable to make a complaint or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on her behalf. The same should be the position in regard to a complaint for the proposed offence.