CrPC · Chapter XIV · Conditions requisite for initiation of proceedings
CrPC section 198B, “Cognizance of offence”, is now BNSS section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.
Now BNSS section 221, with the same rule; the offence is now under BNS section 67.
Code of Criminal Procedure, 1973
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.
Bharatiya Nagarik Suraksha Sanhita, 2023
No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.
The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.
