BNSS Section 220 — Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023

Summary

A court can only start legal proceedings for an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023 if a police report about the incident is filed, or if a complaint is made by the person who was harmed by the offence. The complaint can also be made by her father, mother, brother, sister, or by her father’s or mother’s brother or sister. With the court’s permission, any other relative connected by blood, marriage, or adoption may also file the complaint.

Official Text

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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §198A — Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023