BNSS Section 221 — Cognizance of offence

CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Criminal

Summary

A court cannot start legal proceedings for an offence under section 67 of the Bharatiya Nyaya Sanhita, 2023 if the people involved are married to each other. The only exception is when the wife files a complaint against her husband, and the court is satisfied that the basic facts of the offence appear to be present.

Official Text

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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1241 — Supreme Court of India (2025)

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