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Section 198 — Prosecution for offences against marriage
198
198
Prosecution for offences against marriage
Code of Criminal Procedure, 1973
Chapter XIV Conditions Requisite for Initiation of Proceeding
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Marriage OffensesComplaintBigamyAdulteryFamily Law
🗣️ Simple Explanation
What does this law say? Section 198 of the CrPC says that courts can only hear cases about marriage offenses if the person harmed by the offense files a complaint.
Why does this law exist? This law protects the privacy of family matters. It ensures that only those directly affected can bring a case.
Real-life impact This means if someone is a victim of bigamy, they must file the complaint themselves. If they are a minor, a guardian can file.
What happens if you break this law? The punishment depends on the specific offense, like bigamy or adultery. The police can arrest you without a warrant in some cases.
⚖️ Punishment

Imprisonment up to several years, depending on the specific offense, or fine, or both.

💡 Real Life Example

Sneha discovers her husband, Amit, is married to another woman. She must file the complaint for bigamy. If she is a minor, her guardian can file. Amit could face imprisonment.
Rahul is accused of adultery. His wife must file the complaint. If she does, he could face legal consequences. The police can arrest him without a warrant.

🛡️ KNOW YOUR RIGHTS
  • •Understand that you must file the complaint.
  • •Know that you can seek legal help.
  • •Be aware of the specific offenses.
  • •Consult a lawyer to understand your rights.
❓ FREQUENTLY ASKED QUESTIONS
Section 198 of the CrPC deals with offenses related to marriage. It states that a court can only take up a case if the person harmed by the offense files a complaint. This ensures that only those directly affected can bring a case. It protects the privacy of family matters.
Whether the offense is bailable depends on the specific crime. Some marriage-related offenses are bailable, while others are not. You should consult a lawyer to know if the offense is bailable.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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