3 judgments cite this provision SC
- No Court shall take cognizance of an offence under Section 497 or Section 498 of the Indian Penal Code, except upon a complaint made by the husband of the woman, or, in his absence, [made with the leave of the Court by some person who had care of such woman woman on his behalf at the time when such offence was committed : [Provided that, where such husband is under the age of eighteen years, or is an idiot or lunateic, 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 behalf.] [Provided further that where such husband is serving in any of [the Armed Forces of the Union] under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, and where for any reason no complaint has been made by a person having care of the woman as aforesaid, 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.] ---