Report No. 73

2.6. Acquittal on deposit-section 257A to be inserted in the Code of Criminal Procedure, 1973.-

Having regard to the nature of the offence, some provision for stopping criminal proceedings on payment by the husband would appear to be appropriate. We recommend that if, at the first hearing or within such further time not exceeding one month as the court may allow, the husband pays to the wife in court, or deposits with the court, the amount, with interest at such rate, if any, as might have been fixed by the decree or order, or, in the absence thereof, at the rate of twelve per cent. per annum since the date of default, and such costs, if any, as the court may deem fit to allow, then the court shall stop all further proceedings in the matter and shall acquit1 the accused.

This concession, however, shall be available only subject to certain limitations2; the precise content of such limitations will be apparent from the draft section which we are recommending on the subject. Further, the procedure of payment to the wife in court under the proposed provision must be permissible only in cases where she is herself the complainant. In other cases the amount will have to be deposited in court, and should not be paid to any person who might have filed a complaint on her behalf under proviso (a) to section 198(1), Code of Criminal Procedure, 1973. In order to implement the above proposition, we recommend that in the Code of Criminal Procedure, 1973, a new section, to be numbered as section 257A, should be inserted in the Chapter dealing with the trial of summons cases, in the following terms:-

"257A. If in any prosecution for an offence under section 498A of the Indian Penal Code, the accused, at the first hearing or within such further time not exceeding one month as the court may allow, pays to the wife in court, or deposits with the court-

(a) the amount to which the criminal proceedings relate,

(b) interest at such rate, if any, as might have been fixed by the decree or order, or in the absence thereof, at the rate of twelve per cent. per annum since the date of default, and

(c) such costs, if any, as the court may deem fit to allow, then the court shall stop all further proceedings in the matter and shall acquit the accused:

Provided that the provisions of this section, in so far as they relate to payment to the wife in court, shall not apply where the complaint has been made by any other person on behalf of the wife under proviso (a) to sub¬section (1) of section 198 of the Code of Criminal Procedure, 1973:

Provided further that where the decree or order is for the periodical payment of maintenance or permanent alimony, no accused shall be entitled to the benefit of this section if, having obtained such benefit once in respect of any amount due under a decree or order, he again makes a default in the payment of an amount falling due under that decree or order, for three months or three other periods, as the case may be, whether consecutive or not."

1. This can be conveniently put as section 257A, Code of Criminal Procedure, 1973.

2. Compare sections 14(2), 15(3) and 15(6), Delhi Rent Control Act, 1958.