Section 198B CrPC: Cognizance of offence

Code of Criminal Procedure, 1973

Section 198B CrPC at a Glance

Section 198B CrPC deals with cognizance of offence. From 1 July 2024 it is replaced by Section 221 BNSS.

Now BNSS

Section 221 →

What Section 198B CrPC Says

198B. Cognizance of offence

No Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code (45 of 1860) 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.

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

Section 198B CrPC in Simple Words

Section 198B of the Code of Criminal Procedure, 1973 applies to an offence punishable under section 376B of the Indian Penal Code when the persons concerned are in a marital relationship.

A Court shall not take cognizance of that offence except upon prima facie satisfaction as to the facts that make up the offence.

The Court shall also not do so except upon a complaint that the wife has filed or made against the husband.

When Section 198B CrPC Applies

  • The rule is about an offence punishable under section 376B of the Indian Penal Code where the persons are in a marital relationship.
  • No Court shall take cognizance of that offence except upon prima facie satisfaction of the facts which constitute the offence.
  • The complaint is one filed or made by the wife against the husband.

Example of Section 198B CrPC

Anita and Rohan are in a marital relationship. Anita files a complaint against Rohan for an offence punishable under section 376B of the Indian Penal Code. Under Section 198B CrPC, the Court may take cognizance of the offence upon prima facie satisfaction of the facts which constitute the offence, on the complaint filed by Anita against Rohan.

When Section 198B CrPC Does Not Apply

  • Section 198B CrPC speaks of an offence punishable under section 376B of the Indian Penal Code. It does not deal with an offence punishable under any other section of the Indian Penal Code.

Section 198B CrPC Under BNSS 221: What Changed

Section 198B CrPC is now covered under Section 221 BNSS.

Section 198B CrPC is found in Section 221 BNSS from 1 July 2024. The heading is the same and the text is the same except for the cross-reference, which is to section 67 of the Bharatiya Nyaya Sanhita, 2023 in Section 221 BNSS and to section 376B of the Indian Penal Code in Section 198B CrPC.

View detailed comparison (CrPC 198B vs BNSS 221) →

FAQs on Section 198B CrPC

When may a Court take cognizance of an offence under section 376B of the Indian Penal Code under Section 198B CrPC?▼

Where the persons are in a marital relationship, a Court takes cognizance only 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.

Whose complaint does Section 198B CrPC name?▼

Section 198B CrPC names a complaint filed or made by the wife against the husband.

What must the Court be satisfied of under Section 198B CrPC?▼

The text asks for prima facie satisfaction of the facts which constitute the offence, upon a complaint having been filed or made by the wife against the husband.

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

Section 198B CrPC has no sub-sections, and maps as a whole to Section 221 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 ·