Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 222
This section deals with the cognizance of offences under Chapter XIX of the Bharatiya Nyaya Sanhita, 2023, which likely deals with specific offenses against individuals.
Contents
Code:
Explanation:
This section specifies the conditions under which a court can take cognizance of offences under Chapter XIX of the BNSS. Here’s a breakdown:
- General Rule: No court can take cognizance of an offence under Chapter XIX unless a complaint is filed by the aggrieved person.
- Exceptions:
- Victims with Special Circumstances: If the aggrieved person is a minor, intellectually disabled, mentally ill, unable to make a complaint due to illness or infirmity, or a woman who, according to local customs, cannot appear in public, another person can make a complaint on their behalf with court permission.
- Offences Against High Officials: If the offence is against the President, Vice-President, Governor, Administrator, Union/State Minister, or public servant in relation to their official duties, a Court of Session can take cognizance directly on a written complaint from the Public Prosecutor without the case being committed.
- Complaint Requirements:
- The Public Prosecutor’s complaint must detail the facts constituting the offence, its nature, and sufficient information to inform the accused of the alleged crime.
- The Public Prosecutor can only file a complaint after obtaining prior sanction from the relevant government: the State Government for State officials or the Central Government for other cases.
- The Court of Session cannot take cognizance of the offence under subsection (2) unless the complaint is made within six months of the alleged offence.
- Right to Complaint: This section doesn’t stop the actual victim from filing a complaint before a Magistrate with jurisdiction.
Illustration:
Imagine a scenario where a woman is allegedly assaulted by a public servant. The woman is unable to make a complaint due to fear or social pressure. Under this section, another person, with the court’s permission, could file a complaint on her behalf.
Common Questions and Answers:
- Q: Can any court take cognizance of offences under Chapter XIX?A: No, only courts that receive a complaint from the aggrieved person or their representative, as specified in the exceptions.
- Q: What if the victim is a child?A: Someone else can file a complaint on their behalf with the court’s permission.
- Q: Can the Public Prosecutor file a complaint directly for any offence under Chapter XIX?A: No, only for offences committed against specific high officials, and only with the necessary government sanctions. It iswithin the six-month time limit.