Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the conditions under which a court may take cognizance of an offence punishable under Section 67 of the Bharatiya Nyaya Sanhita, 2023, specifically in cases involving individuals in a marital relationship.
📜 Text of Section 221
Section 221: Cognizance of offence
No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.
⚖️ Comparison with the Indian Penal Code (IPC)
Section 221 of the BNSS is analogous to Section 198B of the IPC, which similarly restricts the cognizance of certain offences involving marital relationships to cases where a complaint is made by the wife against the husband. Both provisions aim to protect the sanctity of marital relationships while ensuring that allegations of serious offences are appropriately addressed.
🧭 Practical Implications
Complaint Requirement: The wife must file or make a complaint for the court to take cognizance of the offence.(
Prima Facie Satisfaction: The court must be prima facie satisfied that the facts constitute the offence before proceeding.
Protection of Marital Privacy: This provision seeks to balance the protection of individuals from serious offences with the preservation of marital privacy.
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