Power to compel restoration of abducted females
Section 98 of the Code of Criminal Procedure, 1973 deals with power to compel restoration of abducted females. 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
C.-General provisions relating to searches
Section 98, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 101 Power to compel restoration of abducted females Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Niruti vs State of U.p.
Court's Decision & Legal Precedent
In a habeas corpus petition, the petitioner must establish that the person in question is being illegally detained against their will. Mere allegations of detention without clear evidence of forcible confinement or unlawful restraint are insufficient to succeed in a habeas corpus petition. Where the facts in the petition itself suggest voluntary visits to the parental home and the petitioner's ability to return with her husband, the court cannot infer illegal detention. The burden lies on the petitioner to clearly demonstrate the absence of consent and the presence of unlawful confinement.
On this section: The court cited Section 98 Cr.P.C. as an alternative remedy available to the petitioner no. 2 (husband) if he is aggrieved by the situation. This section provides for remedies in cases of wrongful confinement or wrongful restraint.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 98
What have the courts held on Section 98 of the Code of Criminal Procedure?
Niruti vs State of U.p. (12 Jul 2021) is the leading judgment on this section among those set out below: The court cited Section 98 Cr.P.C. as an alternative remedy available to the petitioner no. 2 (husband) if he is aggrieved by the situation. This section provides for remedies in cases of wrongful confinement or wrongful restraint.
How do I find court cases under Section 98 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 98, section 98 CRPC, section 98 of the Code of Criminal Procedure. People searching for it also type crpc 98 in bnss and 98 cr pc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Niruti vs State of U.p. (12 Jul 2021).
What should I read with Section 98 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 101 (Power to compel restoration of abducted females), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 98 of the Code of Criminal Procedure come into force?
Section 98 of the Code of Criminal Procedure, cited as CRPC 98, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.