Section 221 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Cognizance Of Offence.

This section lays down a specific provision regarding the cognizance of offenses under Section 67 of the Bharatiya Nyaya Sanhita, 2023 (the Indian Penal Code), in cases involving marital relationships.

Provision: No court shall take cognizance of an offense punishable under Section 67 of the Bharatiya Nyaya Sanhita, 2023 (related to transmitting sexually explicit material) where the individuals involved are in a marital relationship, except upon prima facie satisfaction of the facts constituting the offense. This exception applies only if a complaint has been filed or made by the wife against the husband.

Illustration:

Suppose a wife discovers that her husband has been sending sexually explicit material to another woman. She can file a complaint against him, and the court can take cognizance of the offense under Section 67 of the Bharatiya Nyaya Sanhita, 2023. However, if the husband were to file a complaint against his wife for the same act, the court would not be able to take cognizance of the offense under Section 67.

Common Questions and Answers

• Q: Does this section completely exempt husbands from prosecution under Section 67?A: No. The section only prohibits the court from taking cognizance without a complaint from the wife. If the wife files a complaint, the husband can still be prosecuted.
• Q: Why is this provision specific to marital relationships?A: This provision aims to protect the sanctity of marriage and prevent unnecessary legal action in situations that may arise due to marital discord.
• Q: Can this section be used to shield abusers?A: The section requires a complaint from the wife, implying that she must be willing to initiate legal action. This aspect aims to safeguard against misusing the provision to protect abusers.
• Q: What does “prima facie satisfaction” mean?A: This means the court must have a reasonable belief that the offense has been committed based on the evidence presented in the complaint.