Section 220 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Here’s what Section 220 of the Bharatiya Sakshya Adhiniyam, 2023 states:
🔍 Section 220 – Prosecution of offences under Section 85 of the Bharatiya Nyaya Sanhita, 2023
“No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon:
a police report of facts which constitute such offence; or
a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.”
This provision mandates that – for offences falling under Section 85 of the Bharatiya Nyaya Sanhita (the substantive criminal law) – a court can only proceed if either:
a police report has been filed, or
a direct complaint has been made by the aggrieved party (or specified relatives, or someone closely related with the court’s permission).
⚖️ Context & Practical Implications
If the State initiates prosecution, it must be through an official police report reflecting prima facie evidence.
Private individuals (e.g., victim or relatives) may initiate complaints directly if such a situation arises.
This strikes a balance between ensuring oversight through formal investigation and empowering aggrieved parties to seek justice.
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