THE CODE OF CRIMINAL PROCEDURE, 1898

(V OF 1898)

[22nd March, 1898]

An Act to consolidate and amend the law relating to the Criminal Procedure

198. Prosecution for breach of contract, defamation and offences against marriage. No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Pakistan Penal Code or under Sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made by some person aggrieved by such offence:

Provided that, where the person so aggrieved is a woman who, according to the customs and manners of the country, ought not to be compelled to appear in public, or where such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his or her behalf:

Provided further that where the husband aggrieved by an offence under Section 494 of the said Code is serving in any of the armed forces of Pakistan under conditions which are certified by the Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (1) of Section 199-B may, with the leave of the Court, make a complaint on his behalf.

KPK Amendment. In Section 198 of the Code, omit the words “or under Sections 493 to 496 (both inclusive) of the same Code”; and the second proviso to this section.[1]