Section 221 BNSS: Cognizance of Offence Under Section 67 BNS
Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places a special condition on cognizance of an offence punishable under Section 67 of the Bharatiya Nyaya Sanhita, 2023 where the parties are in a marital relationship. The Court must be prima facie satisfied that the facts constituting the offence are disclosed on a complaint filed or made by the wife against the husband.
Text of Section 221 BNSS
221. 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.
Meaning and Scope of Section 221
Section 221 is a procedural safeguard governing the stage at which a criminal Court may take cognizance of a Section 67 BNS offence between spouses. It does not create the substantive offence. The substantive conduct and punishment are set out in Section 67 BNS.
The section requires two elements at the cognizance stage: first, a complaint must have been filed or made by the wife against the husband; second, the Court must reach a prima facie satisfaction that the facts constituting the Section 67 offence are disclosed.
What Is Section 67 of the Bharatiya Nyaya Sanhita, 2023?
Section 67 BNS is titled "Sexual intercourse by husband upon his wife during separation." It applies where a husband has sexual intercourse with his own wife while she is living separately, whether under a decree of separation or otherwise, without her consent.
The punishment is imprisonment of either description for a term of not less than two years and up to seven years, together with fine. The Explanation to Section 67 provides that "sexual intercourse" means any of the acts mentioned in clauses (a) to (d) of Section 63 BNS.
Requirements Before Cognizance Can Be Taken
| Requirement | Section 221 Rule |
|---|---|
| Covered offence | The offence must be punishable under Section 67 BNS. |
| Relationship | The persons must be in a marital relationship. |
| Complaint | The complaint must have been filed or made by the wife against the husband. |
| Judicial scrutiny | The Court must be prima facie satisfied of the facts which constitute the offence before taking cognizance. |
What Does "Prima Facie Satisfaction" Mean Here?
At the cognizance stage, Section 221 requires the Court to examine whether the complaint and the facts placed before it disclose, on their face, the essential factual ingredients of the offence under Section 67 BNS. This is a threshold assessment for cognizance and is distinct from the final determination of guilt after trial.
Complaint by the Wife Is Expressly Required
Unlike Section 220 BNSS, which permits cognizance on a police report or complaints by specified relatives in relation to Section 85 BNS, Section 221 specifically states that the complaint must have been filed or made by the wife against the husband for the Section 67 BNS offence covered by this provision.
Key Legal Points
- Section 221 BNSS applies specifically to an offence punishable under Section 67 BNS.
- The provision operates where the persons are in a marital relationship.
- The complaint must be filed or made by the wife against the husband.
- The Court must reach prima facie satisfaction that the facts constituting the offence are disclosed.
- Section 67 BNS concerns non-consensual sexual intercourse by a husband with his wife while she is living separately.
- Section 67 BNS prescribes imprisonment of not less than two years and up to seven years, along with fine.
- The Court's prima facie assessment at cognizance is not the same as a final finding of guilt.
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.