Section 221 BNSS: Cognizance of offence (Formerly Section 198B CrPC)

Section 221 of Bharatiya Nagarik Suraksha Sanhita, 2023: Cognizance of offence

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 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.

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 221

Section 221 provides that no court shall take cognizance of an offence punishable under Section 73 of the BNS (disclosure of identity of victim of certain sexual offences), except upon a complaint made by the victim or authorized relatives.

Rape Victim Identity Protection: Applies to unlawful disclosure of the name, address, or photograph of sexual assault victims.
Aggrieved Party Locus: Cognizance taken on complaint by the victim, or next of kin if deceased or minor.
Institutional Accountability: Prevents sensational media or third-party interference while empowering victims to prosecute privacy breaches.

Key Landmark Precedents:

State of Punjab v. Ramdev Singh (2004) 1 SCC 421: The Supreme Court held that concealing the identity of rape victims is a mandatory statutory duty to protect their social dignity and mental rehabilitation.
Nipun Saxena v. Union of India (2019) 2 SCC 703: The Supreme Court issued comprehensive guidelines prohibiting disclosure of identity of rape survivors in physical and social media, directing strict penal prosecution.

Courtroom Practice & Strategic Litigation Guidance:

When representing victims whose identities are leaked online by media houses or bloggers, file a formal complaint under Section 221 BNSS before the Magistrate, seeking immediate summons and takedown orders.