Chapter VII
Section 98 CrPC: Power to compel restoration of abducted females
New Law Update (2024)
Section 106 BNSS
TRIAL COURT
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.
Important Sub-Sections Explained
Landmark Judgements
Smt. Kamalamma v. Smt. Honnamma (1990) Karnataka High Court:
This judgment clarified that proceedings under Section 98 CrPC are summary in nature and are not intended for detailed inquiry into complex questions of fact, such as contested marital status or intricate custody disputes. Its primary object is to provide immediate restoration where there is clear evidence of abduction or unlawful detention, rather than to determine intricate legal rights.
Smt. Jaswant Kaur v. The State (1974) Delhi High Court:
The Delhi High Court emphasized that Section 98 CrPC is a powerful provision designed to secure the liberty of a woman or the lawful custody of a female child who has been abducted or unlawfully detained. The procedure is summary, and the Magistrate’s role is to ensure immediate restoration by compelling compliance, using necessary force if required, based on a prima facie case of unlawful restraint.
Draft Format / Application
IN THE COURT OF THE DISTRICT MAGISTRATE / SUB-DIVISIONAL MAGISTRATE / JUDICIAL MAGISTRATE FIRST CLASS, [City/District Name]
Criminal Miscellaneous Application No. ____ of 2024
IN THE MATTER OF:
[Name of Complainant/Applicant]
Son/Daughter/Wife of [Father’s/Husband’s Name]
Aged about [Age] years,
Residing at [Full Address]
… Applicant
VERSUS
1. The State of [State Name]
Through Station House Officer,
Police Station [Police Station Name], [City/District Name]
2. [Name of Respondent/Detainer, if known]
Son/Daughter/Wife of [Father’s/Husband’s Name]
Aged about [Age] years,
Residing at [Full Address]
… Respondents
APPLICATION UNDER SECTION 98 OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR RESTORATION OF ABDUCTED/UNLAWFULLY DETAINED FEMALE
MOST RESPECTFULLY SHOWETH:
1. That the applicant is a [relationship to the abducted/detained female, e.g., father, husband, guardian, or concerned citizen] of the abducted/unlawfully detained female, Smt./Kumari [Name of female], aged about [Age] years (hereinafter referred to as ‘the said female’).
2. That the said female was abducted/unlawfully detained by the Respondent No. 2 [or unknown persons] from [Place of abduction/detention] on or about [Date] at [Time, if known] for an unlawful purpose.
3. That the applicant has reason to believe that the said female is currently being held against her will/without lawful authority at [Address where detained, if known, or general area].
4. That the abduction/unlawful detention of the said female is for an unlawful purpose, namely [State the unlawful purpose, e.g., forced marriage, trafficking, exploitation, etc., if known].
5. That the applicant has approached the local police vide complaint dated [Date of police complaint], but no effective steps have been taken for her immediate restoration. (Delete if not applicable).
6. That the applicant is making this complaint on oath and has a bona fide apprehension that the liberty of the said female is curtailed, or she is being unlawfully kept away from her lawful guardian/liberty.
7. That the immediate intervention of this Hon’ble Court is essential for the restoration of the said female to her liberty/lawful charge, as mandated by Section 98 CrPC.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
a) Take cognizance of the present complaint made on oath.
b) Issue an order for the immediate restoration of Smt./Kumari [Name of female] to her liberty/lawful charge of the applicant.
c) Compel compliance with such order, using such force as may be necessary.
d) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Applicant)
[Name of Applicant]
VERIFICATION:
I, [Name of Applicant], son/daughter/wife of [Father’s/Husband’s Name], aged about [Age] years, residing at [Full Address], do hereby verify on oath that the contents of the above application are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Verified on this [Day] day of [Month], [Year] at [Place].
(Signature of Applicant)
[Name of Applicant]