Section 221 of The Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Summary
- This rule stops courts from acting on certain sexual crimes between married couples unless the wife complains.
- It specifically applies to cases where a husband has sexual intercourse with his wife while they are separated.
- The court must be convinced that the wife's complaint shows a clear initial case that the crime happened.
- Without a complaint from the wife, the court is legally prohibited from taking any notice of this specific offence.
- This section provides a procedural safeguard for marital relationships in the legal system.
Practical examples
FAQ
1. Can a court start a trial for sexual intercourse during separation under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on its own?
No, Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires a complaint to be filed specifically by the wife against the husband.
2. What level of proof does a court need to see under Section 221 of the 2023 law before proceeding?
The court must reach a state of prima facie satisfaction, meaning they must be satisfied with the initial facts presented in the complaint.
3. Does Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 apply if the couple is still living together?
This section specifically relates to the offence under BNS Section 67, which involves couples in a marital relationship who are living apart.
Test yourself
Q1.Under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who must file the complaint for a court to act on sexual intercourse during separation?
Q2.What is the court's responsibility under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before taking notice of the crime?
Q3.Which specific section of the substantive crime law is referenced by Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Q4.If the wife does not file a complaint for an incident covered by Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023, can the police file it instead?