Section 220 BNSS: Prosecution for Offence Under Section 85 BNS
Section 220 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies the circumstances in which a Court may take cognizance of an offence punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023, which concerns cruelty by a husband or a relative of the husband towards a woman.
Text of Section 220 BNSS
220. No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister 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.
Meaning and Scope of Section 220
Section 220 is a special rule governing cognizance of an offence under Section 85 BNS. It does not itself define the offence of cruelty. Instead, it identifies the procedural routes through which the criminal Court may take cognizance of that offence.
Cognizance may be taken either on a police report containing facts that constitute the offence or on a complaint by the aggrieved woman or one of the relatives expressly mentioned in the section. A different relative connected by blood, marriage or adoption may also complain, but only with the leave of the Court.
What Is Section 85 of the Bharatiya Nyaya Sanhita, 2023?
Section 85 BNS provides that a husband or a relative of the husband who subjects a woman to cruelty is punishable with imprisonment which may extend to three years and is also liable to fine.
The expression "cruelty" for Section 85 is defined in Section 86 BNS. It includes specified wilful conduct likely to drive the woman to commit suicide or cause grave injury or danger to her life, limb or physical or mental health. It also includes harassment intended to coerce her or a related person to meet an unlawful demand for property or valuable security, or harassment on account of failure to meet such a demand.
Who Can Set the Prosecution in Motion?
| Permitted Basis | Requirement |
|---|---|
| Police report | The police report must state facts which constitute an offence punishable under Section 85 BNS. |
| Aggrieved woman | The person aggrieved by the offence may file the complaint herself. |
| Specified close relatives | Her father, mother, brother or sister, or her father's or mother's brother or sister, may make the complaint. |
| Other relative by blood, marriage or adoption | Such a person may make the complaint only with the leave of the Court. |
When Is Leave of the Court Required?
Leave of the Court is not stated as a requirement for the aggrieved woman or the relatives specifically named in Section 220. It is required where the complaint is proposed to be made by another person who is related to the woman by blood, marriage or adoption but is not among the relatives expressly listed in the section.
Police Report and Complaint Are Alternative Routes
The wording of Section 220 permits cognizance on either a police report of facts constituting the offence or a qualifying complaint. Therefore, the provision does not make a private complaint the only route to prosecution. A police report can independently satisfy the cognizance requirement when it discloses the facts constituting the Section 85 BNS offence.
Key Legal Points
- Section 220 BNSS applies specifically to offences punishable under Section 85 BNS.
- Section 85 BNS punishes cruelty by a husband or a relative of the husband towards a woman.
- Section 86 BNS defines the meaning of cruelty for Section 85.
- A Court may take cognizance on a police report stating facts which constitute the offence.
- The aggrieved woman may also initiate proceedings by complaint.
- Specified close relatives may complain without the additional Court-leave condition stated for other relatives.
- Other relatives by blood, marriage or adoption require leave of the Court.
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 the Sanhita 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.