What is Section 198 CrPC and How Does it Protect Your Rights in Marriage?
When a marriage faces legal problems or your reputation is unfairly harmed, the emotional impact can be heavy. You may worry about your children’s safety, your home, and the sudden cost of legal action. The Indian justice system can feel complex and intimidating. However, laws like Section 198 of the Code of Criminal Procedure exist to protect you. This provision ensures that only the person who is truly affected can approach the court. It acts as a legal shield by preventing outsiders from interfering in private family matters.
Simplifying the Legal Path to Justice
In simple terms, Section 198 CrPC is a gatekeeper. Normally, for most crimes, anyone can inform the police or the court. However, for sensitive personal matters like marriage and reputation, the law is more cautious. Section 198 states that a court cannot take notice of certain offences unless the aggrieved person specifically files a complaint. This includes cases of bigamy, adultery, or defamation. By doing this, the law prevents distant relatives or strangers from interfering in a couple’s private life or filing cases out of spite. It ensures that the legal system serves justice rather than becoming a tool for harassment.
Why This Law is Better Than Standard Criminal Filing
The primary benefit of this provision is the prevention of malicious prosecution. Because the power to complain is restricted to the victim, it stops outsiders from filing frivolous cases to settle personal scores. This saves you significant money and time that would otherwise be wasted defending against false accusations. Furthermore, it keeps your private matters confidential within the judicial process. By focusing on the aggrieved party, the law respects the dignity of the individual and ensures that the court’s time is spent on genuine grievances rather than family gossip turned into legal disputes.
Key Benefits of Section 198 CrPC
- Prevents strangers from filing false cases against your family.
- Protects the privacy of matrimonial bonds and personal reputation.
- Saves legal costs by filtering out non-genuine complaints.
- Empowers the victim to decide if they want to pursue legal action.
The Legal Landscape of Section 198 CrPC in 2025
As of mid 2025, the Indian legal system has transitioned to the Bharatiya Nagarik Suraksha Sanhita (BNSS). While Section 198 CrPC is the term most people know, the corresponding provisions are now found under Section 221 of the BNSS. The core principle remains the same: the court will only listen to the aggrieved person. However, the new regulations have made it easier for people living abroad, such as NRIs, to initiate proceedings through digital portals like the e-Sringar or other state-specific judicial wings. These updates aim to make justice more accessible while maintaining the strict rule that the complainant must be the person directly affected by the crime.
The Step by Step Process for Filing a Complaint
To handle a case under this section, you must first confirm that you are the aggrieved party as defined by law. For instance, in a defamation case, only the person defamed can usually sue. If the victim is a minor, unwell, or unable to attend court, the law allows a representative to file the case, but only after getting specific permission from the Magistrate. Once identified, you must gather solid evidence like documents, messages, or witness statements. You then file a formal complaint in the relevant jurisdiction, such as a Metropolitan Magistrate court in Mumbai or a Judicial Magistrate in your local district.
Real Life Example: The Case of the Singh and Kaur Families
In a recent matter involving a dispute between two families, a distant relative tried to file a case of bigamy against Mr. Singh. The relative claimed they were acting in the interest of the first wife, Mrs. Kaur. However, the court applied the principles of Section 198 CrPC and dismissed the case. The court ruled that since Mrs. Kaur herself had not filed the complaint or authorised it, a distant relative had no legal standing to interfere. This outcome protected the family from unnecessary litigation and reinforced that the right to seek justice belongs solely to the spouse involved.
Frequently Asked Questions
1.Can my brother or sister file a defamation case on my behalf?
Ans: Generally, no. Under Section 198 CrPC, the person defamed must file the complaint themselves. The only exceptions are if the person is under 18, has a mental disability, or is suffering from a serious illness that prevents them from coming to court.
2.What happens if the aggrieved person is an NRI living in Dubai?
Ans: The law provides provisions for authorised representatives to file complaints with court permission. With the 2025 digital updates in the BNSS, many initial steps can now be managed through online legal portals, provided the identity of the aggrieved party is verified.
3.Does Section 198 apply to cases of domestic violence?
Ans: Section 198 specifically covers offences against marriage (like bigamy) and defamation. Domestic violence is usually covered under different sections and the PWDV Act, which have broader rules about who can report the crime.
Conclusion
Section 198 CrPC is a vital pillar of the Indian legal system that balances the need for justice with the need for privacy. By ensuring that only the aggrieved party can initiate legal action, it keeps the power in your hands and protects you from external malice. Whether you are dealing with a sensitive matrimonial issue or protecting your name from defamation, understanding this law ensures you can move forward with clarity and confidence.
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