(a) upon a report in writing made by a policeofficer on the complaint of the husband of the woman, or
in his absence, by some person who had care of such woman on his behalf at the time when such offence
was committed; or
(b) upon a complaint made by the husband of the woman or, in his absence, made with the leave of the
Court by some person who had care of such woman on his behalf at the time when such offence was
committed.]
[Provided that, where such husband is under the age of eighteen years, or is an idiot or lunatic, or is
from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court,
make a complaint on his behalf:]
1
[Provided further that where such husband is serving in any of 3[the armed forces of Pakistan] under
conditions which are certified by his Commanding Officer as precluding him from obtaining leave of
absence to enable him to make a complaint in person, and where for any reason no complaint has been
made by a person having care of the woman as aforesaid, some other person authorised by the husband in
accordance with the provisions of subsection (1) of section 199B may, with the leave of the Court, make a
complaint on his behalf.]
2
[199A. Objection by lawful guardian to complaint by person other than person aggrived. When in
any case falling under section 198 or section 199, the person on whose behalf the complaint is sought to be
made is under the age of eighteen years or is a lunatic, and the person applying for leave has not been
appointed or declared by competent authority to be the guardian of the person of the said minor or lunatic,
and the Court is satisfied that there is a guardian so appointed or declared, notice shall be given to such
guardian, and the Court shall, before granting the application, give him a reasonable opportunity of objecting
to the granting thereof.]
4
5[199B. Form of authorisation under second proviso to section 198 or 199.__(1) The authorisation of
a husband given to another person to make a complaint on his behalf under the second proviso to section
198 or the second proviso to section 199 shall be in writing, shall be signed or otherwise attested by the
husband, shall contain a statement to the effect that he has been informed of the allegations upon which the
complaint is to be founded, shall be countersigned by the Officer referred to in the said provisos, and shall
be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of
making a complaint in person cannot for the time being be granted to the husband.
1 Ins. by Act 18 of 1923, s. 52.
2 Proviso added by Act 28 of 1943, s. 3.
3 Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty’s armed forces” (with effect from 23rd March, 1956).
4 Section 199A ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 53. This section has been amended in the N.W.F.P. by the N.W.F.P. Act 26 of 1950, s. 13.
5 S. 199B ins. by the��Code of Criminal Procedure (Second Amdt.) Act 1943, (28 of 1943), s. 4. This section has been omitted in the N.W.F.P. by the N.W.F.P. Act 26 of 1950, s. 13.
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