Bharatiya Nagarik Suraksha Sanhita, 2023
Section 220
Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
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.
Why this exists
This provision continues a safeguard first introduced in 1983 through Section 198A of the old Code of Criminal Procedure, when Section 498A was added to the Indian Penal Code to punish cruelty to married women. Lawmakers wanted to prevent random third parties or strangers from misusing such a sensitive family-offence provision by filing complaints out of malice or personal agendas, while still ensuring the woman and her close family or the police could act on her behalf.
How courts read it
Courts have historically read the equivalent CrPC provision (Section 198A) as a procedural bar that restricts who can set criminal law in motion for matrimonial cruelty offences, distinguishing it from ordinary offences that anyone can report. Judges have emphasized that the 'aggrieved person' is central, and relatives are permitted to step in because victims of domestic cruelty may be unable or unwilling to approach courts directly. Courts have also allowed 'any other person' to complain only with prior leave, to prevent misuse by unrelated or hostile parties.
Common misconceptions
- Myth: Anyone can file a complaint against a husband under this cruelty law.
Fact: Only the woman herself, specific close relatives, or someone else with the court's special permission can file such a complaint; a police report can also start the case. - Myth: This section itself defines the crime of cruelty.
Fact: This section only sets the procedure for who can complain; the actual offence and its punishment are defined in Section 85 of the Bharatiya Nyaya Sanhita, 2023.