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S.198B CrPC | Cognizance Of Rape U/S 376B IPC Can Be Taken Only Upon Complaint By Separated Wife, Not On Police Report: Kerala High Court

16 Sep 2025 3 min read
S.198B CrPC | Cognizance Of Rape U/S 376B IPC Can Be Taken Only Upon Complaint By Separated Wife, Not On Police Report: Kerala High Court

In a vital interpretation of Section 198B of the Code of Criminal Procedure, the Kerala High Court has quashed criminal proceedings against a man who was accused of raping his separated wife, ruling that cognizance of the offence under Section 376B of the Indian Penal Code (IPC) was taken without legal basis. Justice G. Girish, while deciding O.P. (Crl.) No. 284 of 2025, clarified that under Section 198B CrPC, courts…

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