Bigamy complaint by a deceased wife's relative is not maintainable once the statutory agency ends on her death.

Section 198 CrPC permits cognizance of bigamy-related offences on a complaint by the person aggrieved, and in the case of a wife, by a relative acting on her behalf as a statutory agent. That authority is personal to the wife and exists only while she is alive; once she dies before a complaint is filed, the statutory agency ends. A complaint instituted after her death is therefore not by a person authorised under Section 198, and cognizance cannot be validly taken.

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Issues: Whether a complaint for the offence of bigamy under Section 494 of the Indian Penal Code can be instituted by the deceased wife's brother after her death under Section 198 of the Code of Criminal Procedure.

Analysis: Section 198 permits cognizance of offences under Sections 493 to 496 of the Indian Penal Code only upon a complaint by the person aggrieved, and in the case of a wife, her relative may, with the statutory authority, make a complaint on her behalf. The expression "on behalf of" contemplates representation of the wife by a relative as a statutory agent. Such authority is personal to the wife and is connected with the benefit of the aggrieved woman. Once the wife dies before the complaint is filed, the agency created by the statute comes to an end, and the relative can no longer act on her behalf. A complaint filed after her death is therefore not one made by a person authorised under Section 198.

Conclusion: The brother had no locus standi to file the complaint after the wife's death, and the Magistrate could not validly take cognizance.

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