Section 219 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 219 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure for initiating prosecution in cases involving offenses related to marriage, as defined in the Bharatiya Nyaya Sanhita (BNS), 2023
📜 Text of Section 219
219. Prosecution for offences against marriage
General Rule: No court shall take cognizance of an offense punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023, except upon a complaint made by the person aggrieved by the offense
Exceptions and Provisions:
Clause (a): If the aggrieved person is a child, of unsound mind, has intellectual disabilities requiring higher support needs, is unable to make a complaint due to sickness or infirmity, or is a woman who, according to local customs, should not be compelled to appear in public, another person may, with the court's permission, make the complaint on their behalf.
Clause (b): If the aggrieved person is a husband serving in any of the Armed Forces of the Union under conditions certified by his Commanding Officer as precluding him from obtaining leave to make a complaint in person, another person authorized by the husband may make the complaint on his behalf.
Clause (c): If the aggrieved person is a wife under section 82 of the BNS, complaint may be made on her behalf by her father, mother, brother, sister, son, daughter, or, with the court's permission, any other person related to her by blood, marriage, or adoption.
Special Provision for Section 84 Offenses: For offenses under section 84 of the BNS, no person other than the husband of the woman shall be deemed to be aggrieved by the offense.
Guardian Notification: If a complaint is sought to be made on behalf of a child or a person of unsound mind by someone who has not been appointed as their guardian, the court shall notify the appointed guardian and give them an opportunity to be heard before granting permission
Authorization for Armed Forces Personnel: The authorization for a representative to make a complaint on behalf of a serving husband must be in writing, signed or attested by the husband, contain a statement that he has been informed of the allegations, be countersigned by his Commanding Officer, and include a certificate from the Officer stating that leave cannot be granted for the husband to make the complaint in person.
Presumption of Authenticity: Documents complying with the above provisions shall, unless proven otherwise, be presumed to be genuine and admissible in evidence.
Limitation for Section 64 Offenses: No court shall take cognizance of an offense under section 64 of the BNS, where the offense consists of sexual intercourse by a man with his own wife, if more than one year has elapsed from the date of the commission of the offense.
Application to Abetment and Attempt: The provisions of this section apply to the abetment of, or attempt to commit, an offense as they apply to the offense itself.
⚖️ Legal Context
Section 219 of the BNSS, 2023 outlines the procedures and conditions under which offenses related to marriage, as defined in the BNS, 2023, can be prosecuted. It emphasizes the need for a complaint from the aggrieved party and provides mechanisms for those unable to make a complaint themselves. This section ensures that the legal process is accessible to all individuals, including vulnerable persons, and establishes clear guidelines for initiating legal action in cases involving marital offenses.
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