Description

1. General Rule

• No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (IPC), 1860, except upon a complaint made by the aggrieved person.

2. Exceptions to the General Rule

In certain situations, another person may file a complaint on behalf of the aggrieved person:

(a) If the aggrieved person is:

• Under the age of 18 years,
• An idiot or a lunatic,
• Unable to make a complaint due to sickness or infirmity,
• A woman who, due to local customs and manners, ought not to be compelled to appear in public,
  ? Then, with the Court’s permission, another person may make the complaint on their behalf.

(b) If the aggrieved person is a husband

• Serving in the Armed Forces of the Union,
• And his Commanding Officer certifies that he cannot obtain leave of absence,
  ? Then, a person authorized by the husband (as per Sub-Section (4)) may make the complaint on his behalf.

(c) If the aggrieved person is a wife in cases of bigamy

• Where the offence falls under Section 494 (Bigamy) or Section 495 (Bigamy with concealment of former marriage) of IPC,
  ? The complaint may be filed on her behalf by:
  • Her father, mother, brother, sister, son, or daughter,
  • Her father’s or mother’s brother or sister,
  • Or, with Court’s permission, any other person related to her by blood, marriage, or adoption.

3. Restrictions on Complaints in Adultery Cases

• For offences under Section 497 (Adultery) or Section 498 (Enticing or taking away a married woman) of IPC, only the husband of the woman shall be considered the aggrieved person.
• However, if the husband is absent, then a person who had care of the woman on the husband’s behalf at the time of the offence may file a complaint with the Court’s permission.

4. Procedure for Complaints on Behalf of Minors and Lunatics

• If a person under 18 years or a lunatic needs someone else to file a complaint, but that person is not their legally appointed guardian,
• The Court must first notify the appointed guardian and give them a reasonable opportunity to be heard before granting permission.

5. Special Rules for Authorisation by an Absent Husband (Armed Forces Cases)

• The authorisation must be in writing,
• It must be signed or attested by the husband,
• It must state that the husband has been informed of the allegations,
• It must be countersigned by his Commanding Officer,
• It must be accompanied by a certificate from the Commanding Officer stating that the husband cannot be granted leave to file the complaint personally.

Presumption of Authenticity:

• Any such written authorisation and Commanding Officer’s certificate shall be presumed genuine unless proven otherwise and shall be accepted as evidence.

6. Cognizance of Marital Rape Involving a Minor Wife

• No Court shall take cognizance of Section 376 IPC (Rape) where:
  • The offence consists of sexual intercourse by a man with his own wife,
  • The wife is under 15 years of age,
  • More than one year has elapsed from the date of the offence.

7. Applicability to Abetment and Attempts

• The provisions of this section also apply to cases of abetment or attempt to commit an offence, just as they apply to the main offence itself.