Section 98 CrPC: Power to compel restoration of abducted females

Code of Criminal Procedure, 1973

Section 98 CrPC at a Glance

Section 98 CrPC deals with power to compel restoration of abducted females. From 1 July 2024 it is replaced by Section 101 BNSS.

Now BNSS

Section 101 →

What Section 98 CrPC Says

98. Power to compel restoration of abducted females

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Source: Section 98, Code of Criminal Procedure, 1973

Section 98 CrPC in Simple Words

Section 98 CrPC applies upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose.

A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

When Section 98 CrPC Applies

  • Section 98 CrPC applies upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years.
  • The abduction or unlawful detention must be for any unlawful purpose.
  • A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make the order.
  • The order is for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child.
  • The Magistrate may compel compliance with such order, using such force as may be necessary.

Time Limits Under Section 98 CrPC

  • Section 98 CrPC provides for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child.Act text: “make an order for the immediate restoration of such woman to her liberty”

Example of Section 98 CrPC

Savitri makes a complaint on oath before a Sub-divisional Magistrate of the unlawful detention of Meera, a female child under the age of eighteen years, by Ramesh for an unlawful purpose. The Sub-divisional Magistrate may make an order for the immediate restoration of Meera to Savitri, a parent having the lawful charge of Meera, and may compel compliance with such order, using such force as may be necessary.

When Section 98 CrPC Does Not Apply

  • Section 98 CrPC speaks of restoration upon complaint of abduction or unlawful detention of a woman or a female child. It does not deal with a search for a person wrongfully confined, the subject of Section 97 CrPC.

Section 98 CrPC Under BNSS 101: What Changed

Section 98 CrPC is now covered under Section 101 BNSS.

Section 101 BNSS has the same heading as Section 98 CrPC. Section 101 BNSS does not repeat the words under the age of eighteen years after a female child, which Section 98 CrPC had. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years. Section 101 BNSS has no word husband in the list of persons to whom such female child is restored, which Section 98 CrPC had. The rest of Section 101 BNSS reads the same as Section 98 CrPC.

View detailed comparison (CrPC 98 vs BNSS 101) →

FAQs on Section 98 CrPC

Which Magistrates may order restoration under Section 98 CrPC?▼

A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order under Section 98 CrPC, upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose.

To whom is a woman or a female child restored under Section 98 CrPC?▼

Under Section 98 CrPC the order is for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child.

How is an order under Section 98 CrPC enforced?▼

The Magistrate may compel compliance with such order, using such force as may be necessary.

Where is Section 98 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 98 CrPC has no sub-sections, and maps as a whole to Section 101 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: 22 Oct 2026 ·