Chapter XIV
Section 198A CrPC: Prosecution of offences under section 498A of the Indian Penal Code
New Law Update (2024)
Section 202 BNSS
TRIAL COURT
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1860) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
Important Sub-Sections Explained
Landmark Judgements
Arnesh Kumar v. State of Bihar (2014):
The Supreme Court laid down detailed guidelines regarding arrest procedures, particularly for offences punishable with imprisonment up to seven years, including Section 498A IPC, emphasizing the necessity of avoiding automatic arrests.
Rajesh Sharma v. State of U.P. (2017):
This judgment, though later clarified, initially issued guidelines to prevent the misuse of Section 498A IPC, including a mandatory preliminary inquiry by a Family Welfare Committee, aimed at safeguarding individuals from false implications.
Social Action Forum for Manav Adhikar v. Union of India (2018):
The Supreme Court clarified and modified certain guidelines from Rajesh Sharma, reaffirming the powers of the police to investigate and arrest under Section 498A IPC while emphasizing adherence to CrPC procedures and encouraging mediation efforts.