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.
Bharatiya Nagarik Suraksha Sanhita
Section 221
Cognizance of offence
Englishहिंदी
⚡ Quick Answer Reference: Section 221 BNSS
- Provision: Section 221 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: This section says that no court can start proceedings for an offence under section 67 of the Bharatiya Nyaya Sanhita, 2023, when the people involved are married, unless the wife complains against the husband and the court is initially satisfied with the facts.
Statutory Content
What does Section 221 of BNSS say?
Indian StandardSection 221, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 221 (India)
Court Pleading StandardSection 221 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/221
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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).
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Section Meaning & Purpose
What does Section 221 of BNSS mean?
Plain English Explanation
This section says that no court can start proceedings for an offence under section 67 of the Bharatiya Nyaya Sanhita, 2023, when the people involved are married, unless the wife complains against the husband and the court is initially satisfied with the facts.
Practical Interpretation
In practice, this means that courts will only consider cases under section 67 involving married couples if the wife initiates the complaint, ensuring that the court has a preliminary basis to proceed.
Core Legal Purpose
The core purpose is to establish a specific condition for courts to take cognizance of certain offences between spouses, emphasizing the role of the wife's complaint in initiating legal action.
Key Legal Elements
- •The offence must be punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023.
- •The persons involved must be in a marital relationship.
- •Prima facie satisfaction of the facts constituting the offence by the court.
- •The complaint must be filed or made by the wife against the husband.
Practical Example
Practical Example of Section 221 BNSS
For instance, if Priya believes her husband, Rajesh, has committed an offence under section 67, she can file a complaint. The court will then assess the facts to decide if there's enough evidence to proceed, illustrating how this section applies to protect the marital relationship while allowing for legal recourse when necessary.
Common Questions (FAQ)
Frequently Asked Questions about Section 221 BNSS
Q: What is the punishment or consequence under Section 221 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals in a marital relationship.
Q: Is an offence under this section bailable or cognizable?
The section does not specify whether the offence is bailable or cognizable; it outlines the condition for court cognizance.
People Also Ask (PAA)
Common Questions about Section 221 BNSS
What is Section 221 of BNSS?
Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Cognizance of offence". In plain terms: This section says that no court can start proceedings for an offence under section 67 of the Bharatiya Nyaya Sanhita, 2023, when the people involved are married, unless the wife complains against the husband and the court is initially satisfied with the facts.
What is the punishment under Section 221 of BNSS?
Section 221 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 221 of BNSS bailable or non-bailable?
Whether Section 221 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 221 of BNSS?
The essential elements of Section 221 of BNSS are: The offence must be punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023.; The persons involved must be in a marital relationship.; Prima facie satisfaction of the facts constituting the offence by the court..
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