Section 220 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 220 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 specifically addresses the prosecution of offenses under Section 85 of the Bharatiya Nyaya Sanhita, 2023, which pertains to offenses related to sexual assault.
🧾 Section 220: Prosecution of Offenses Under Section 85 of the Bharatiya Nyaya Sanhita, 2023
This section stipulates that no court shall take cognizance of an offense punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023, except upon:
Police Report: A police report detailing the facts constituting such offense.
Complaint by the Aggrieved Person: A complaint made by the person aggrieved by the offense.
Complaint by Close Relatives: A complaint made by the father, mother, brother, sister, or by the father’s or mother’s brother or sister of the aggrieved person.
Complaint by Other Relatives (With Court's Permission): With the leave of the court, a complaint made by any other person related to the aggrieved person by blood, marriage, or adoption.
This provision ensures that the initiation of legal proceedings for such sensitive offenses is conducted with due consideration and safeguards, prioritizing the rights and well-being of the aggrieved individual.
⚖️ Legal Context
Section 220 of the BNSS aligns with Section 198A of the Indian Penal Code (IPC), which similarly restricts the cognizance of offenses under Section 498A (related to cruelty by husband or his relatives) to specific individuals, including the aggrieved person and certain close relatives.
🔍 Practical Implications
For Courts: Courts are mandated to ensure that cognizance of offenses under Section 85 is taken only upon the specified reports or complaints, maintaining the integrity and sensitivity of such cases
For Law Enforcement: Police are required to file detailed reports that substantiate the offense, ensuring that the legal process is initiated based on credible and thorough information.
For Victims and Relatives: Individuals seeking to initiate legal proceedings must adhere to the specified channels, either through police reports or complaints by themselves or authorized relatives, ensuring that the process respects the legal framework established.
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