Ipc 494 - jurisdiction for 2nd spouse.

Worker

 

as per SC -

both, 1st & 2nd spouses are included in the definition of aggrieved person.

 
 
but Cr.P.C. 182 (2) does not give jurisdiction to the 2nd spouse.
i.e. the 2nd spouse CAN NOT file IPC 494 at the place where HE is residing.
 
 
Kindly enlighten.

 

 

 

 

The Code of Criminal Procedure, 1973 (CrPc)

 
 

182. Offences committed by letters, etc.

 
(1) Any offence which includes cheating deception is practice by means of letters or telecommunication message, be inquired into or tried by any court within whose local jurisdiction such letters or message were sent or were received; and any offence of cheating and dishonestly including deliver, of property may be inquired into or tried by a court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.
 
(2) Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1[or thewife by first marriage has taken up permanent residence after the commission of offence].
 
Reply   
 
Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

182 has got nothing to do with WHO CAN COMPLAIN ? It only talks about jurisdiction. Maybe when the legislature drafted the law they did not have the interests and convinience of 2nd spouse at mind, and hence did not give in jurisdiction to the place where 2nd wife resides. However if you have a look at S.198. 


198 (1) No court shall take cognizance of all offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence.  

 

Second wife is equally aggrieved. 


Total likes : 2 times

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu