Introduction
Section 220 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the prosecution of offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
- Introduction
- Object and Purpose
- What Is Section 85 BNS?
- Statutory Rule
- Police Report
- Complaint by the Person Aggrieved
- Relatives Who May Make a Complaint
- Complaint by Other Relatives
- Meaning of Leave of the Court
- Procedure Under Section 220
- Why Does Section 220 Specify Who May Complain?
- Important Distinction: Police Report and Complaint
- Important Distinction: Section 219 and Section 220
- Important Distinction: Section 220 BNSS and Section 85 BNS
- Relationship with Section 210 BNSS
- Relationship with Section 218 BNSS
- BNSS and CrPC
- Example 1 — Complaint by the Aggrieved Woman
- Example 2 — Complaint by Father
- Example 3 — Complaint by Brother
- Example 4 — Complaint by Another Relative
- Common Confusions
- Key Features
- Topic at a Glance
- Quick Revision
- Conclusion
Section 85 BNS deals with cruelty by a husband or a relative of the husband towards a woman. Section 220 BNSS lays down the circumstances in which a Court may take cognizance of such an offence.
The provision specifies who may initiate a complaint and also recognises a police report as a basis for cognizance.
Object and Purpose
The main purposes of Section 220 are:
- to regulate prosecution of offences under Section 85 BNS;
- to allow the aggrieved woman to initiate proceedings;
- to permit specified close relatives to make a complaint;
- to allow other relatives to approach the Court with its permission;
- to permit cognizance on the basis of a police report;
- to prevent unrelated persons from casually initiating matrimonial-cruelty proceedings.
What Is Section 85 BNS?
Section 85 of the Bharatiya Nyaya Sanhita deals with the offence of subjecting a woman to cruelty by her husband or by a relative of the husband.
Section 220 BNSS is the corresponding procedural provision that regulates prosecution of this offence.
Therefore:
Section 85 BNS = Substantive offence
Section 220 BNSS = Procedure for prosecution
Statutory Rule
Section 220 provides that no Court shall take cognizance of an offence punishable under Section 85 BNS except:
- upon a police report containing facts which constitute the offence; or
- upon a complaint made by the person aggrieved; or
- upon a complaint made by specified relatives of the aggrieved woman; or
- with the leave of the Court, upon a complaint made by another person related to the woman by blood, marriage or adoption.
Police Report
One route for cognizance is a police report.
Where an allegation of an offence under Section 85 BNS is investigated by the police and the resulting report contains facts constituting the offence, the Court may take cognizance on that police report.
Thus, Section 220 does not restrict prosecution only to private complaints.
Complaint by the Person Aggrieved
The person aggrieved may make a complaint regarding the offence.
In the context of Section 85 BNS, the person aggrieved would ordinarily be the woman who has allegedly been subjected to cruelty by her husband or a relative of her husband.
She can therefore directly approach the competent Court through a complaint.
Relatives Who May Make a Complaint
Section 220 specifically permits certain relatives of the aggrieved woman to make a complaint.
These include:
- her father;
- her mother;
- her brother;
- her sister;
- her father’s brother;
- her father’s sister;
- her mother’s brother; and
- her mother’s sister.
These specified relatives do not have to obtain separate leave of the Court to make a complaint under the provision.
Complaint by Other Relatives
Section 220 also provides a wider category of relatives.
A person other than those specifically listed may make a complaint if that person is related to the woman by:
- blood;
- marriage; or
- adoption.
However, such a person must obtain the leave of the Court before making the complaint.
This creates a distinction between specified relatives and other relatives.
Specified Relatives
They may make the complaint directly.
Other Relatives
They require the leave of the Court.
Meaning of Leave of the Court
The requirement of leave means that an otherwise eligible relative must first obtain permission from the Court before initiating the complaint.
This requirement acts as a safeguard against unnecessary or unauthorised complaints by persons who may have a distant relationship with the aggrieved woman.
Procedure Under Section 220
The operation of Section 220 can be understood through the following steps:
- An allegation of cruelty under Section 85 BNS arises.
- The matter may be reported to the police and investigated.
- The police may submit a report containing facts constituting the offence.
- Alternatively, the aggrieved woman or an authorised relative may file a complaint.
- If the complainant is another relative related by blood, marriage or adoption, leave of the Court must first be obtained.
- The Court examines whether the statutory requirements for cognizance are satisfied.
- If the requirements are fulfilled, the Court may take cognizance and proceed according to the BNSS.
Why Does Section 220 Specify Who May Complain?
Matrimonial offences often involve disputes between spouses and their families.
If every person were automatically permitted to initiate criminal proceedings for an offence under Section 85 BNS, unrelated or distant persons could potentially initiate proceedings without the involvement of the person directly affected.
Section 220 therefore establishes a defined category of persons who may initiate a complaint.
At the same time, the provision does not completely exclude other relatives because they may approach the Court with its permission.
Important Distinction: Police Report and Complaint
Police Report
The police investigate the alleged offence and submit a report containing facts constituting the offence.
Complaint
The aggrieved woman or a person authorised under Section 220 approaches the Court directly through a complaint.
Both routes are recognised under Section 220.
Important Distinction: Section 219 and Section 220
Section 219 BNSS
Section 219 deals generally with prosecution for specified offences against marriage.
Section 220 BNSS
Section 220 specifically deals with prosecution of offences under Section 85 BNS.
Therefore, Section 220 is a specific procedural provision relating to the offence of cruelty covered by Section 85 BNS.
Important Distinction: Section 220 BNSS and Section 85 BNS
These provisions serve different purposes.
Section 85 BNS: Establishes the substantive offence of cruelty by a husband or relative of the husband.
Section 220 BNSS: Establishes the procedural conditions for taking cognizance of that offence.
Relationship with Section 210 BNSS
Section 210 contains the general provision concerning cognizance of offences by Magistrates.
Section 220 operates as a special provision for offences under Section 85 BNS.
Therefore, when Section 85 BNS is involved, the Magistrate must also comply with the specific requirements of Section 220 before taking cognizance.
Relationship with Section 218 BNSS
Section 218 concerns prosecution of specified Judges and public servants for acts connected with official duty.
Section 220 concerns prosecution of an offence relating to matrimonial cruelty under Section 85 BNS.
The two provisions therefore deal with entirely different procedural safeguards.
BNSS and CrPC
Section 220 BNSS corresponds to Section 198A of the Code of Criminal Procedure, 1973.
The earlier provision dealt with prosecution for the corresponding offence under Section 498A of the Indian Penal Code.
Under the new criminal-law framework:
- the substantive offence is contained in Section 85 BNS; and
- the procedural provision is contained in Section 220 BNSS.
Example 1 — Complaint by the Aggrieved Woman
A woman alleges that her husband has subjected her to cruelty falling within Section 85 BNS.
She may file a complaint before the competent Court.
The Court may take cognizance if the requirements of Section 220 and other applicable provisions are satisfied.
Example 2 — Complaint by Father
Suppose the woman does not herself file the complaint.
Her father may make a complaint concerning the alleged offence.
Section 220 expressly recognises the woman’s father as a person who may initiate such a complaint.
Example 3 — Complaint by Brother
The woman’s brother may also make a complaint concerning an offence under Section 85 BNS.
The brother falls within the category of relatives specifically recognised by Section 220.
Example 4 — Complaint by Another Relative
Suppose a relative who is not among the specifically listed relatives wishes to file a complaint.
If that person is related to the woman by blood, marriage or adoption, the person may approach the Court for leave.
Once the required leave is obtained, the complaint may be made in accordance with Section 220.
Common Confusions
Can only the woman file the complaint?
No.
Specified relatives can also make a complaint.
Can every relative file a complaint automatically?
No.
Other relatives related by blood, marriage or adoption require the leave of the Court.
Can the police investigate an offence under Section 85 BNS?
Yes.
Section 220 expressly recognises a police report as a basis for cognizance.
Does Section 220 create the offence of cruelty?
No.
The substantive offence is contained in Section 85 BNS.
Does filing a complaint prove cruelty?
No.
A complaint only initiates criminal proceedings. The allegation must be established through the applicable judicial process.
Is Section 220 the same as Section 219?
No.
Section 219 is the general provision relating to prosecution for specified offences against marriage, whereas Section 220 specifically addresses prosecution under Section 85 BNS.
Key Features
- Applies specifically to Section 85 BNS.
- Deals with prosecution and cognizance.
- Cognizance may be taken on a police report.
- The person aggrieved may file a complaint.
- The woman’s father, mother, brother and sister may file a complaint.
- The woman’s father’s or mother’s brother or sister may also file a complaint.
- Other relatives related by blood, marriage or adoption require leave of the Court.
- It is a procedural provision.
- It corresponds to Section 198A CrPC.
Topic at a Glance
- Topic: Prosecution of offences under Section 85 BNS
- BNSS Section: Section 220
- Substantive provision: Section 85 BNS
- Police route: Police report
- Complaint route: Person aggrieved or specified relatives
- Other relatives: Require leave of the Court
- Relationship recognised: Blood, marriage or adoption
- CrPC counterpart: Section 198A CrPC
- Nature: Procedural provision
- Core principle: Cognizance must occur through one of the legally recognised routes under Section 220
Quick Revision
- Section 220 BNSS deals with prosecution under Section 85 BNS.
- Section 85 BNS concerns cruelty by a husband or relative of the husband.
- Cognizance may be taken on a police report containing facts constituting the offence.
- The person aggrieved may file a complaint.
- Her father, mother, brother or sister may also file a complaint.
- Her father’s or mother’s brother or sister may file a complaint.
- Another relative related by blood, marriage or adoption requires the leave of the Court.
- Section 220 is procedural, while Section 85 BNS contains the substantive offence.
- Section 220 corresponds to Section 198A CrPC.
ALSO READ: Section 219 – Prosecution for offences against marriage
Conclusion
Section 220 of BNSS provides a specific procedural framework for prosecution of the offence under Section 85 of the BNS. It permits cognizance on a police report or on a complaint made by the aggrieved woman and specified close relatives. Other relatives connected by blood, marriage or adoption may also initiate proceedings after obtaining the leave of the Court. The provision therefore creates a structured mechanism for prosecuting matrimonial cruelty while controlling who may initiate proceedings through a private complaint.
