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Reading: Section 221 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Cognizance Of Offence.
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ApniLaw > Blog > Bare Act > BNSS > Section 221 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Cognizance Of Offence.
BNSS

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

Apni Law
Last updated: February 27, 2025 1:38 pm
Apni Law
6 months ago
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Section 221 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Cognizance Of Offence
Section 221 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Cognizance Of Offence
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Code:

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.

Contents
Code:Illustration:Common Questions and Answers

Explanation:

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.

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TAGGED:2023 LawBharatiya Nyaya SanhitaComplaint FilingCourt ProceedingsCriminal Lawdomestic violencefamily lawHusbands RightsIndiaIndian LawJurisdictionLegal ExceptionLegal ReformMarital RelationshipPrima Facie EvidenceSection 67Sexual OffencesWifes Rights
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Previous Article Section 215 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Prosecution For Contempt Of Lawful Authority Of Public Servants, For Offences Against Public Section 215 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Prosecution For Contempt Of Lawful Authority Of Public Servants, For Offences Against Public Justice And For Offences Relating To Documents Given In Evidence.
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