Section 198 CrPC: Ensuring Justice in Offences Against Marriage
Section 198 of the Criminal Procedure Code (CrPC) plays a vital role in ensuring justice within the Indian legal system. This section governs the prosecution of offenses such as defamation and crimes related to marriage. This section ensures that only the aggrieved party can take legal action. It prevents misuse of the legal system, offering protection for the parties involved.
What is Section 198 CrPC?
Section 198 allows courts to act on specific offenses only when the aggrieved party files a complaint. This includes defamation, bigamy, adultery, and other crimes against marriage as defined in the Indian Penal Code (IPC). The aggrieved party must directly file the complaint, preventing the abuse of the legal system.
Key Provisions of Section 198 CrPC
- Complaint by the Aggrieved Person
The complaint must come from the person directly affected by the offense. This applies to offenses like defamation, bigamy, or adultery. This rule ensures that only those personally harmed can seek legal action.
- Exceptions to the Rule
If the aggrieved person is unable to file a complaint due to age, mental condition, or illness, another person can file on their behalf with court approval.
- Offenses Covered
Section 198 is applicable to specific offenses, such as:
- Defamation (Section 499 IPC)
- Bigamy
- Adultery
- Other crimes against marriage as defined under Chapter XX of the IPC.
Recent Judgments Clarifying Section 198 CrPC
- Case Law: Ravinder Kaur Grewal vs. Manjit Kaur
In the Ravinder Kaur Grewal vs. Manjit Kaur case, the Supreme Court reiterated the importance of Section 198 C. This judgment reinforced the principle that the legal system should safeguard individuals’ rights while preventing malicious complaints.
Why Does Section 198 CrPC Matter?
Section 198 CrPC ensures fairness in the legal system. It:
- Prevents Malicious Prosecution: It stops individuals from filing false or frivolous complaints out of personal animosity or revenge.
- Consult an experienced lawyer to understand Section 198 CrPC. Your lawyer will guide you on the best course of action.
How to Handle a Case Under Section 198 CrPC
If you are the victim of defamation offense under Section 198 , follow these steps to ensure justice is served:
- Step 1: Identify the Aggrieved Party
Make sure that the complaint is filed by the individual whose rights have been infringed, as per the requirements of the Section 198. If the aggrieved person is unable to file the complaint, an authorised person may do so on their behalf with the court’s permissions.
- Step 2: Seek Legal Advice
Consult with an experienced lawyer to fully understand the implications of Section 198 . Your lawyer will guide you on the best course of action, whether it involves filing a defamation lawsuit or dealing with marital offenses like adultery or bigamy.
- Step 3: Collect Evidence
It is the essential to gather all relevant evidence, such as witness statements, documents, or any other materials that support your claim. Solid evidence strengthens your case and ensures that the truth prevails.
- Step 4: Cooperate with Legal Authorities
Work closely with your lawyer and follow the legal procedures. Do not engage with the police or other parties involved without your lawyer’s presence.
Outlook on Section 198 CrPC
However, its core purpose remains to uphold fairness by allowing only those who are directly aggrieved to pursue legal action.
LawCrust: Your Trusted Legal Partner for Section 198 CrPC Cases
If you are facing charges or need assistance with cases under Section 198, LawCrust Legal Consulting Services is here to guide you. As a subsidiary of LawCrust Global Consulting Ltd, we specialise in providing top-tier legal services across India and in international locations like Dubai. Our team of skilled lawyers is well-versed in handling criminal law cases, including defamation and marital offenses, ensuring that you get the best legal representation.
As a subsidiary of LawCrust Global Consulting Ltd, LawCrust has a presence across India and Dubai, offering unparalleled legal expertise. Their services include Litigation Finance, Legal Protect, Litigation Management, Startup Solutions, Funding Solutions, Hybrid Consulting Services, Mergers & Acquisitions, and more., ensuring that your legal needs are fully met.
Let LawCrust help you navigate the complexities of Sections 198 CrPC and ensure that your legal rights are protected.
Call us at +91 8097842911 or mail us on bo@lawcrust.com for immediate assistance!