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Report No. 84

5.2. Section 198(6), Cr. P.C., 1973-Amendment recommended. -

We first deal with the cognisance of offences. Section 198(6) of the Code Procedure, 1973 requires a complaint to be filed within one year in constituted by sexual intercourse by husband with a wife under 1 portion referring to "wife under 15 years" should be deleted from this The reason is that under the amendments recommended in the 42nd Report1 to the Indian Penal Code, the scope of section 375, I.P.C. would be exp to cover not only intercourse with a child wife, but also, in certain circumstances, intercourse with the wife (irrespective of her age) if the wife is living separately. Accordingly, we recommend that section 198(6) of the Code Procedure, 1973 should be revised as under1-

Revised section 198(6), Code of Criminal Procedure, 1973

"(6) No Court shall take cognisance of an offence under section 376 Indian Penal Code, where such offence consists of sexual intercourse by a man with his own wife, if more than one year from the date of the commission of the offence."

1. See para. 2.24, supra.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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