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Procedural Bar On Taking Cognizance Of Matrimonial Offences Not Applicable Where Grave Charges Like Rape Exist: Kerala High Court

13 Jun 2025 3 min read
Procedural Bar On Taking Cognizance Of Matrimonial Offences Not Applicable Where Grave Charges Like Rape Exist: Kerala High Court

The Kerala High Court clarified that the procedural restriction under Section 198(1) of the Criminal Procedure Code (CrPC), which bars courts from taking cognizance of offences related to marriage unless a complaint is filed by the aggrieved person, does not apply when the complaint also includes serious criminal offences such as cheating (Section 420 IPC) and rape (Section 376 IPC). The court emphasized that offences under Chapter XX of the…

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