Section 219 BNSS defines who can file complaints in marriage-related offences, with safeguards.
Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 shows a major overhaul of criminal procedural laws of India aiming to modernize and smoothen the justice system . Among its provisions Section 219 specifically addresses the prosecution of offences against marriage describing the conditions under which courts may take cognizance of such offences .
Sections 219 of BNSS
Section 219 of the BNSS explains that courts shall not take cognizance of offences punishable under Sections 81 to 84 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by the person aggrieved by the offence . The provision sees that only those directly affected can initiate legal proceedings thereby stopping misuse of the legal system .
The section includes specific provisos :
- If the aggrieved person is a child of unsound mind and has an intellectual disability requiring higher support needs is unable to make a complaint due to sickness or infirmity or is a woman who according to local customs ought not to be compelled to appear in public, another person may with the permission of the court file a complaint on their behalf .
- If the aggrieved person is a husband serving in the Armed Forces and unable to obtain leave an authorized person may file a complaint on his behalf provided specific conditions are met including written authorization and certification by the Commanding Officer .
- For offences under Section 82 if the aggrieved person is the wife certain relatives may file a complaint on her behalf or with the permission of the court any other person related by blood, marriage or adoption.
Additionally Section 219(6) specifies that no court shall take cognizance of an offence under Section 64 of the Bharatiya Nyaya Sanhita, 2023 where the offence consists of sexual intercourse by a man with his own wife and the wife being under 18 years of age and if more than 1 year has elapsed from the date of the commission of the offence .
Landmark Cases or Judgements
While Section 219 is a recent enactment under the BNSS its principles align with previous provisions under the Code of Criminal Procedure (CrPC) . Historically courts have stressed the necessity of complaints being filed by aggrieved persons in offences related to marriage to stop misuse of legal provisions . The BNSS continues this approach by reinforcing the significance of direct grievances in initiating legal action .
Misuse and Safeguards
The requirement that only aggrieved persons can file complaints serves as a safeguard against frivolous or malicious litigation . By limiting the locus standi to those directly affected the law aims to stop the misuse of legal provisions in matrimonial disputes . However the BNSS also recognizes situations where the aggrieved person may be unable to file a complaint permitting for authorized representatives to act on their behalf thereby balancing protection against misuse with access to justice .
Impact
The implementation of Section 219 is expected to smoothen the prosecution process in matrimonial offences by ensuring that only genuine grievances are brought before the courts . By delineating clear directives on who may file complaints and under what circumstances the provision’s purpose is to reduce the burden on the judiciary and stop the legal system from being exploited in personal disputes .
Comparison with New BNSS and Old Section under CrPC
Section 219 of the BNSS corresponds to Section 198 of the CrPC . While both sections stresses that only aggrieved persons may file complaints in matrimonial offences, the BNSS introduces more detailed provisions relating who may act on behalf of the aggrieved in specific circumstances . This includes considerations for individuals with intellectual disabilities and those unable to appear in public due to local customs by reflecting a more inclusive and nuanced approach .
Amendments and Other Important Information
The BNSS through Section 219 expands upon the CrPC by giving clear directives and additional provisions to address various scenarios in matrimonial offences . These amendments aim to enhance the accessibility and fairness of the legal process for individuals who may face barriers in seeking justice . By incorporating considerations for mental health, physical infirmity and cultural practices the BNSS strives to create a more equitable legal structure .
Conclusion
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shows a significant step towards refining the legal procedures related to matrimonial offences in India . By ensuring that only aggrieved persons or their authorized representatives can initiate legal proceedings the provision seeks to stop misuse of the legal system while protecting the rights of those genuinely affected . The detailed provisions and inclusivity introduced in the BNSS reflect a progressive approach to addressing the complexities of matrimonial disputes within the Indian legal context .
Source
