Cognizance of offence 1
AI Assist
Summary
When the complainant and accused are married, a court will not take cognizance of the offence unless the wife has filed a complaint and the court is prima facie satisfied of the facts that constitute the offence. In short, a complaint by the wife plus initial judicial satisfaction is required before proceedings can begin.
Example
Priya files a complaint alleging that her husband had sexual intercourse without her consent. The court will take cognizance only if it is prima facie satisfied that the facts make out the offence; if not, the court will not proceed.
Bare Act
Enacted textNo Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.
1 Criminal Law (Amendment) Act, 2013
Previous year papers
Pick your exam. we'll email the most recent paper.