Procedural Bar On Cognizance Of Offences Related To Marriage Won't Apply If Serious Offences Like Rape Are Involved: Kerala High Court

The Kerala High Court has clarified the procedural requirements for initiating prosecution for offenses against marriage, such as adultery or bigamy, which fall under Chapter XX of the Indian Penal Code (IPC). The court reaffirmed the mandate of Section 198(1) of the Code of Criminal Procedure (CrPC), which states that a court cannot take cognizance of such an offense except upon a complaint made by an "aggrieved person." An aggrieved person in these cases is typically the spouse of the individual who has committed the offense. The court emphasized that this provision is a specific bar on the court's jurisdiction and is designed to protect the sanctity of marriage by leaving the decision to prosecute in the hands of the person who has been wronged. This ensures that third parties or the police cannot initiate prosecution for such private and personal matters.