Section 219 BNSS: Prosecution for Offences Against Marriage
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates who may make a complaint for specified offences against marriage under Sections 81 to 84 of the Bharatiya Nyaya Sanhita, 2023, and sets out special rules for authorised complainants, guardians, Armed Forces personnel, evidence of authorisation and certain limitation requirements.
Text of Section 219 BNSS
219. (1) No Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence:
Provided that-
(a) where such person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023.
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.
Meaning and Scope of Section 219
Section 219 is a special cognizance provision. For offences punishable under Sections 81 to 84 BNS, the Court ordinarily cannot take cognizance unless a complaint is made by a person aggrieved by the offence. The section then specifies situations in which another person may complain on behalf of the aggrieved person.
The provision is procedural. The substantive offences and punishments are contained in the Bharatiya Nyaya Sanhita, 2023.
BNS Offences Covered by Section 219(1)
| BNS Section | Offence |
|---|---|
| Section 81 | Cohabitation caused by a man deceitfully inducing a belief of lawful marriage |
| Section 82 | Marrying again during the lifetime of husband or wife |
| Section 83 | Marriage ceremony fraudulently gone through without lawful marriage |
| Section 84 | Enticing or taking away or detaining with criminal intent a married woman |
Who Is an "Aggrieved Person"?
Section 219(1) uses the expression "person aggrieved by the offence". The identity of that person depends on the particular offence. Section 219(2) contains a specific rule for Section 84 BNS: for the purposes of Section 219(1), no person other than the husband of the woman is deemed to be aggrieved by an offence punishable under Section 84 BNS.
When Another Person May File the Complaint
- With the leave of the Court, another person may complain for a child, a person of unsound mind, a person with intellectual disability requiring higher support needs, a person unable to complain due to sickness or infirmity, or a woman covered by the local-custom condition stated in Section 219(1)(a).
- An authorised person may complain for a husband serving in the Armed Forces where the Commanding Officer certifies that service conditions prevent him from obtaining leave to complain personally.
- For an offence under Section 82 BNS where the aggrieved person is the wife, specified close relatives may complain on her behalf; another relative by blood, marriage or adoption may do so with leave of the Court.
Guardian Notice Requirement
Where a complaint is proposed on behalf of a child or person of unsound mind by someone who is not the legally appointed or declared guardian, and the Court is satisfied that such a guardian exists, Section 219(3) requires notice to that guardian and a reasonable opportunity of being heard before the Court grants leave.
Authorisation for a Husband Serving in the Armed Forces
Section 219(4) prescribes the form of authorisation. It must be in writing, signed or otherwise attested by the husband, state that he has been informed of the allegations, be countersigned by his Commanding Officer, and be accompanied by the required certificate stating that leave of absence cannot for the time being be granted for making the complaint in person.
Under Section 219(5), a document that purports to comply with these requirements, together with the prescribed certificate, is presumed genuine unless the contrary is proved and is receivable in evidence.
One-Year Cognizance Rule in Section 219(6)
Section 219(6) contains a specific rule relating to an offence under Section 64 BNS where the offence consists of sexual intercourse by a man with his own wife and the wife is under eighteen years of age. The Court cannot take cognizance if more than one year has elapsed from the date of commission of the offence.
Abetment and Attempt
Section 219(7) extends the procedural rules in Section 219 to abetment of, and attempts to commit, the covered offences in the same manner as they apply to the completed offence.
Key Legal Points
- Sections 81 to 84 BNS are subject to the special complaint rule in Section 219(1) BNSS.
- The complaint ordinarily must be made by a person aggrieved by the offence.
- The section creates express exceptions allowing complaints by representatives or relatives in specified situations.
- Section 219(2) contains a specific rule identifying the husband as the aggrieved person for Section 84 BNS.
- Special documentary requirements apply where a husband serving in the Armed Forces authorises another person to complain.
- Section 219(6) contains a separate one-year cognizance rule for the particular situation described in that sub-section.
- The section also applies to abetment and attempts.
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed July 1, 2024 as the date on which its provisions came into force, except for the notified First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Official Legal Sources
For authoritative statutory text and commencement information, refer to the official Government sources below.