Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 221: Cognizance of offence
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.
Brefe Detail
This section outlines the conditions under which a court can take cognizance of an offence related to marital relationships, specifically under section 67 of the Bharatiya Nyaya Sanhita, 2023. It stipulates that the court requires prima facie evidence and a complaint from the wife to proceed with the case.
Question & Answers
Q: Under what conditions can a court take cognizance of an offence under section 67?
A court can take cognizance of an offence under section 67 only upon prima facie satisfaction of the facts constituting the offence and if a complaint has been filed by the wife against the husband.
Q: Who is required to file a complaint for the court to take cognizance of the offence?
The complaint must be filed or made by the wife against the husband.
Q: Does this section apply to all marital relationships?
Yes, this section specifically pertains to persons in a marital relationship.
Example
1. Scenario: A wife files a complaint against her husband alleging emotional abuse.
Action: The court will only take cognizance if it finds prima facie evidence of the alleged offence based on her complaint.
2. Scenario: A husband claims that his wife is making false allegations against him.
Action: The court will require a formal complaint from the wife to proceed with any legal actions under section 67.
Summary
Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes that courts cannot take cognizance of marital offences under section 67 without a complaint from the wife and sufficient preliminary evidence. This aims to ensure that only valid complaints are considered in legal proceedings concerning marital disputes.
