Section 198A CrPC: Prosecution of offences under section 498A of the Indian Penal Code

Code of Criminal Procedure, 1973

Section 198A CrPC at a Glance

Section 198A CrPC deals with prosecution of offences under section 498A of the Indian Penal Code. From 1 July 2024 it is replaced by Section 220 BNSS.

Now BNSS

Section 220 →

What Section 198A CrPC Says

198A. Prosecution of offences under section 498A of the Indian Penal Code
No 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.

Source: Section 198A, Code of Criminal Procedure, 1973

Section 198A CrPC in Simple Words

Under Section 198A of the Code of Criminal Procedure, 1973, a Court shall not take cognizance of an offence punishable under section 498A of the Indian Penal Code. The Court shall not do so except upon a police report of the facts that make up the offence or upon a complaint.

The complaint may be made by the person aggrieved by the offence. It may also be made by the father, mother, brother or sister of that person.

It may be made by the brother or sister of the father or of the mother of that person. With the leave of the Court, it may be made by any other person related to the person aggrieved by blood, marriage or adoption.

When Section 198A CrPC Applies

No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code except in the ways the text lists.
One way is a police report of facts which constitute such offence.
Another way is a complaint made by the person aggrieved by the offence.
A complaint may also be made by her father, mother, brother, sister or by her father's or mother's brother or sister.
With the leave of the Court, a complaint may be made by any other person related to her by blood, marriage or adoption.

Example of Section 198A CrPC

Meera is the person aggrieved by an offence punishable under section 498A of the Indian Penal Code. Rajesh is the brother of the father of Meera. Under Section 198A CrPC, a complaint made by Rajesh is one of the complaints the text lists, so the Court may take cognizance on it. Kiran is related to Meera by marriage but is not one of the relatives the text names. A complaint by Kiran is covered only with the leave of the Court.

When Section 198A CrPC Does Not Apply

Section 198A CrPC speaks of an offence punishable under section 498A of the Indian Penal Code. It does not deal with an offence punishable under any other section of the Indian Penal Code.
Section 198A CrPC speaks of when a Court takes cognizance. It does not deal with how the police investigate the offence.

Section 198A CrPC Under BNSS 220: What Changed

Section 198A CrPC is now covered under Section 220 BNSS.

Section 198A CrPC is found in Section 220 BNSS from 1 July 2024. The text is the same except for the cross-reference, which is to section 85 of the Bharatiya Nyaya Sanhita, 2023 in Section 220 BNSS and to section 498A of the Indian Penal Code in Section 198A CrPC. The heading carries the same cross-reference.

View detailed comparison (CrPC 198A vs BNSS 220) →

FAQs on Section 198A CrPC

When may a Court take cognizance of an offence punishable under section 498A of the Indian Penal Code?▼

Under Section 198A CrPC, a Court takes cognizance only upon a police report of facts which constitute such offence, or upon a complaint made by the person aggrieved by the offence or by the relatives the text names.

Who may make a complaint under Section 198A CrPC?▼

The person aggrieved by the offence, or her father, mother, brother, sister, or her father's or mother's brother or sister. With the leave of the Court, any other person related to her by blood, marriage or adoption may also make a complaint.

When is the leave of the Court needed under Section 198A CrPC?▼

The text names the leave of the Court for a complaint by any other person related to her by blood, marriage or adoption. It does not name the leave of the Court for the other persons it lists.

Where is Section 198A CrPC found in the BNSS from 1 July 2024?▼

Section 198A CrPC has no sub-sections, and maps as a whole to Section 220 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·