Conditions Requisite For Initiation Of Proceedings MCQ Quiz in বাংলা - Objective Question with Answer for Conditions Requisite For Initiation Of Proceedings - বিনামূল্যে ডাউনলোড করুন [PDF]

All the three given options are covered by proviso (a) & (c) to Section 198(1) Cr.P.C. and Section 198(3) Cr.P.C.

Section 198 - Prosecution for offences against marriage

Correct answer is (2)

 Key PointsSection 190 of Criminal Procedure Code deals with the cognizance of offences by Magistrate.

(1)Any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence-(a) upon receiving a complaint of facts which constitute the offence;

(b)upon a police report of such facts;

(c)upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub- section (1) of such offences as are within his competence to inquire into or try.

Additional Information “Taking cognizance” refers to being informed of an offence in order to begin legal action under Section 190 of the Criminal Procedure Code.The term “cognizance” refers to the moment the court first takes judicial notice of an offence by not only considering the information in the police report or complaint but also moving forward, as further described in Chapter XIV of the Criminal Procedure Code. 

In Hastimal v. State(1994) it was held that the order of magistrate under this section must be a speaking order. Thus a refusal to take cognizance must be a reasoned order.

The correct answer is The Husband or a person responsible for her care in his absence

Key Points 

• Adultery given under section 497 of the IPC.
• No court can take cognizance of the offence of Adultery except on the complaint made by the husband of the woman with whom the alleged adultery has been committed. This is because the offence of adultery is considered to be a violation of the husband's marital rights. The wife, on the other hand, is not considered to be an aggrieved person in such cases.
• This provision was struck down by the Supreme Court of India in 2018 in the case of Joseph Shine v. Union of India. The Court held that the provision was unconstitutional as it discriminated against women and violated their right to equality. However, the provision has not yet been repealed by the Parliament.