Challenge to bar on cognizance of rape of minor wife: Delhi HC issues notice

The Delhi High Court has issued notice in a plea challenging the constitutionality of Section 198(6) of the Criminal Procedure Code, 1973, which bars courts from taking cognizance of rape of a minor girl by her husband if more than one year has elapsed from the date of commission of the offence..The petition contends that such rape victims should be allowed to file complaints till two years after they attain the age of majority i.e. 20 years, in consonance with Section 3(3) of the Prohibition of Child Marriage Act, 2006..Notice was issued to the Central Government by a Division Bench of Justices S Ravindra Bhat and Prateek Jalan in a petition by NGO Independent Thought..It is the petitioner’s case that Section 198 (6) CrPC is violative of Articles 13(2), 14, 15(3) and 21 of the Constitution of India. The Section takes away and abridges the rights of a minor girl victim of marital rape to equality, life and personal liberty, and legal remedy the petitioner claims..It has further submitted that the Section is in contravention of provisions of the United Nations Convention on Rights of the Child and The Convention on the Elimination of all Forms of Discrimination Against Women, which require India to repeal all provisions that discriminate against women on the ground of sex or marital status..The petition claims that Section 198(6) continues to deny justice, as it creates more confusion than clarity when it is read with Section 472 and Section 473 of CrPC, which deal with the issue of limitation..Further, Section 198(6) also carves an exception to Section 468 CrPC, which provides for no limitation period for offences punishable with imprisonment exceeding three years..The petitioner has also raised the issue of limited locus standi under Section 198(1). This provision restricts a complaint of an offence punishable under Chapter XX of the Indian Penal Code to be made by an aggrieved person..Such a restriction, the petitioner contends, is also contrary to the Protection of Children from Sexual Offences Act, 2012 which allows any person who has apprehension that a sexual offence has been committed or is likely to be committed, to report it. Since POCSO is a special law, it should have an overriding effect in this situation and anyone who intends to file a complaint on behalf of a person under the age of eighteen years should be also be allowed to report such offences, the petition prays..The petitioner was represented by Advocate Vikram Srivastava..The matter would be heard next on September 3..Read the order: