Prosecution of offences under section 498A of the Indian Penal Code
AI Assist
Summary
Courts may take cognizance of an offence under 498A only when there is a police report (FIR) about the facts, or when the aggrieved woman or certain close relatives file a complaint. Permitted relatives include her father, mother, brother, sister, and her parents' brothers or sisters. With the court’s leave, any other person related by blood, marriage or adoption may also complain.
Example
Priya alleges cruelty by her husband and files an FIR at the local police station. Because a police report exists, the court can take cognizance and the case can proceed. If a neighbour wanted to prosecute instead, the court would accept it only if the neighbour is a relative by blood, marriage or adoption and the court grants leave.
Bare Act
Enacted textNo 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.
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