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 upon 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.
Bharatiya Nagarik Suraksha Sanhita
Section 220
Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
Englishहिंदी
⚡ Quick Answer Reference: Section 220 BNSS
- Provision: Section 220 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: This section says that a court can only start a case about an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023 if the police report it or the person affected by the offence, or their relatives, complain about it.
Statutory Content
What does Section 220 of BNSS say?
Indian StandardSection 220, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 220 (India)
Court Pleading StandardSection 220 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/220
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 220 of BNSS mean?
Plain English Explanation
This section says that a court can only start a case about an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023 if the police report it or the person affected by the offence, or their relatives, complain about it.
Practical Interpretation
In practice, this means that victims or their close relatives must either file a complaint or the police must submit a report for the court to consider an offence under section 85, limiting who can initiate such proceedings.
Core Legal Purpose
The core purpose is to regulate and restrict who can initiate court proceedings for specific offences, ensuring that only directly affected individuals or authorities can bring such cases to court, potentially reducing frivolous or unrelated complaints.
Key Legal Elements
- •A police report of facts constituting the offence is required for court cognizance.
- •A complaint by the person aggrieved or their specified relatives is an alternative requirement.
- •The key legal test is whether the complaint or report meets the criteria set forth in the section.
- •The key exception is that any other person related to the aggrieved by blood, marriage, or adoption can also complain but only with the leave of the Court.
Practical Example
Practical Example of Section 220 BNSS
For instance, if Priya feels she has been offended under section 85, she, her father, or her brother can file a complaint. Alternatively, if the police become aware of the offence, they can submit a report. In a scenario where Priya's cousin, Rajesh, wants to file a complaint on her behalf, he would need to obtain the court's permission to do so, illustrating how this section operates in practice to balance access to justice with potential for abuse.
Common Questions (FAQ)
Frequently Asked Questions about Section 220 BNSS
Q: What is the punishment or consequence under Section 220 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the conditions under which a court can take cognizance of an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023.
Q: Does this section apply to private individuals or public entities?
This section applies to the prosecution of offences under section 85 of the Bharatiya Nyaya Sanhita, 2023, which can involve private individuals as victims or complainants, but it does not explicitly limit its application to either private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023 is bailable or cognizable. Those classifications would depend on the specific provisions related to section 85 or general criminal procedure laws.
People Also Ask (PAA)
Common Questions about Section 220 BNSS
What is Section 220 of BNSS?
Section 220 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023". In plain terms: This section says that a court can only start a case about an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023 if the police report it or the person affected by the offence, or their relatives, complain about it.
What is the punishment under Section 220 of BNSS?
Section 220 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 220 of BNSS bailable or non-bailable?
Whether Section 220 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 220 of BNSS?
The essential elements of Section 220 of BNSS are: A police report of facts constituting the offence is required for court cognizance.; A complaint by the person aggrieved or their specified relatives is an alternative requirement.; The key legal test is whether the complaint or report meets the criteria set forth in the section..
Landmark Case Laws
Landmark Judgments under Section 220 BNSS
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