Section 98 of The Code of Criminal Procedure, 1973
Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.
Summary
- A District Magistrate, Sub-divisional Magistrate, or a first-class Magistrate has the power to hear these complaints.
- The complaint must be made under oath and show that the female is being held for an illegal reason.
- The order requires the female to be returned to her husband, parent, legal guardian, or whoever is legally responsible for her.
- The Magistrate is authorized to use any force necessary to ensure the person is restored to her liberty or family.
Practical examples
FAQ
1. How can I recover a daughter under 18 held for an illegal purpose under The Code of Criminal Procedure, 1973 Section 98?
You must file a complaint on oath before a District Magistrate or another qualified Magistrate who can order her immediate restoration and use force if needed under Section 98 of The Code of Criminal Procedure, 1973.
2. Who can issue an order to restore an abducted woman under the 1973 Code Section 98?
Only a District Magistrate, a Sub-divisional Magistrate, or a Magistrate of the first class is empowered to make such an order according to Section 98 of the 1973 Code.
3. Can a Magistrate use force to free an abducted child under Section 98 of The Code of Criminal Procedure, 1973?
Yes, Section 98 of The Code of Criminal Procedure, 1973 specifically states that the Magistrate may compel compliance with the restoration order by using any force that is necessary.
Test yourself
Q1.Under Section 98 of The Code of Criminal Procedure, 1973, what is the age limit for a female child to be restored to her guardian?
Q2.What is required before a Magistrate can take action under Section 98 of The Code of Criminal Procedure, 1973?
Q3.Which official can issue an order under Section 98 of The Code of Criminal Procedure, 1973?
Q4.To whom can a female child be restored under Section 98 of The Code of Criminal Procedure, 1973?