Section 220 BNSS: Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 (Formerly Section 198A CrPC)

Section 220 of Bharatiya Nagarik Suraksha Sanhita, 2023: Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 220

Section 220 regulates the prosecution of offences under Section 85 of the BNS, 2023 (cruelty by husband or relatives of husband / old Section 498A IPC), restricting cognizance to police reports or complaints by the aggrieved woman or specified blood relatives (replacing Section 198A CrPC).

Cognizance on Police Report or Family Complaint: Cognizance taken on police report, or private complaint by the aggrieved woman.
Authorized Family Members: Complaint may also be lodged by her father, mother, brother, sister, or father's/mother's brother or sister.
Court Leave for Other Relatives: Any other person related to her by blood, marriage, or adoption may complain only with the express leave of the court.

Key Landmark Precedents:

Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: The Supreme Court issued landmark directions to curb automatic arrests in Section 498A IPC / Section 85 BNS cases, mandating pre-arrest notice under Section 41A CrPC (Section 35(3) BNSS).
Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443: The 3-Judge Bench reiterated that Section 498A is an essential social safeguard, while directing that investigating officers must observe procedural guidelines before affecting custodial arrest.

Courtroom Practice & Strategic Litigation Guidance:

Check locus standi: If an estranged in-law or neighbour filed a private complaint alleging cruelty against the husband without the wife's consent or court leave, object under Section 220. The complaint is maintainable only if filed by authorized blood relatives.