BNSS Section 220: Procedural Steps for BNS Section 85 Offences
Introduction to India's New Criminal Laws
The year 2023 marked a significant change in India's legal system with the introduction of three new criminal laws.
To understand the legal process, it is essential to see how these two main laws, the BNS and the BNSS, work together. The BNS tells us what a crime is (the substantive law), while the BNSS tells us how to handle the prosecution of that crime (the procedural law).
This article provides a detailed explanation of a specific procedural rule: BNSS Section 220. We will explore what this section says, what it means in simple terms, and how it directly relates to the prosecution of offences under BNS Section 85. This topic is very important for law students, legal professionals, and anyone interested in the new legal framework.
What is the Bharatiya Nyaya Sanhita (BNS) Section 85?
Before we can understand the procedure in BNSS Section 220, we must first understand the crime it relates to. BNSS Section 220 specifically mentions BNS Section 85.
BNS Section 85 is the new provision for the offence of "Cruelty by husband or relatives of husband."
Defining Cruelty under BNS Section 85
BNS Section 85 aims to protect married women from cruelty inflicted by their husbands or their husbands' relatives.
Willful Conduct: Any deliberate action that is of such a nature that it is likely to drive the woman to commit suicide. It also includes conduct that could cause grave injury or danger to her life, limb, or health (whether physical or mental).
Harassment for Dowry: Harassment of the woman where such harassment is intended to force her or any person related to her to meet any unlawful demand for property or valuable security. This part directly addresses the serious issue of dowry-related harassment.
The Purpose of BNS Section 85
The purpose of this law is to provide a strong legal tool to combat domestic violence and dowry-related abuse, which are serious issues. Because this offence happens within the private and sensitive space of a family, it requires special procedural rules. The law needs to balance protecting the victim with preventing the law from being used for false or malicious purposes.
This need for balance is precisely why BNSS Section 220 was created. It acts as a special procedural filter for cases under BNS Section 85.
A Detailed Analysis of BNSS Section 220
BNSS Section 220 is a procedural "gatekeeper." It controls how a court can legally start a criminal case for the offence of cruelty under BNS Section 85.
The full text of the section states:
"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."
Let's break down this important section into its parts.
The Core Concept: "Taking Cognizance"
The first key phrase is "No Court shall take cognizance."
In simple terms, "taking cognizance" is the very first step a court takes to apply its mind to a potential crime. It is the moment a Magistrate or Judge officially takes notice of an offence to begin the judicial process. It is not the start of the trial, nor is it a decision of guilt. It is simply the court deciding that there is enough information to start looking into the matter.
BNSS Section 220 places a clear restriction on the court. It says a court cannot take cognizance of a BNS Section 85 offence just because it hears about it. The court can only act if the information comes through specific, approved channels.
The Two Approved Channels for Cognizance
BNSS Section 220 allows a court to take cognizance of a BNS Section 85 offence through one of two specific paths.
Path 1: A Police Report
The first path is "upon a police report of facts which constitute such offence."
What this means: This is the standard way many criminal cases begin. The aggrieved person (the victim) or someone on her behalf goes to the police station and files a First Information Report (FIR).
The Process: The police are then legally required to investigate the matter. After their investigation, they prepare a final report (often called a "charge sheet" if they find evidence) and submit it to the court.
Court's Action: This "police report" contains the facts, evidence, and witness statements collected by the police. If this report suggests that an offence under BNS Section 85 has been committed, the court can then "take cognizance" and begin the case. This path is open to anyone who can file an FIR.
Path 2: A Private Complaint (with Restrictions)
The second path is "upon a complaint made by..." This is a "private complaint," where a person goes directly to the Magistrate to file a case, rather than going to the police first.
However, BNSS Section 220 restricts who is allowed to file such a private complaint for an offence under BNS Section 85. This is the most important part of the section.
Who Can File a Complaint Under BNSS Section 220?
The law limits the right to file a private complaint to protect the victim's privacy and prevent misuse of the law by strangers or people with bad intentions. The list of approved complainants is very specific.
The Specified Complainants
BNSS Section 220 gives the right to file a complaint only to the following people:
The Person Aggrieved: This is the victim herself, the woman who has been subjected to cruelty. She is given the primary right to initiate the case.
Her Immediate Blood Relatives:
Her father
Her mother
Her brother
Her sister This group includes her closest family, who are presumed to be acting in her best interest and with her welfare in mind.
Her Close Extended Blood Relatives:
Her father's brother or sister (her paternal uncle or aunt)
Her mother's brother or sister (her maternal uncle or aunt) The law expands the circle slightly to include uncles and aunts, who are also considered close family.
The Special Clause: "With the Leave of the Court"
BNSS Section 220 includes one final, important exception: "...or, with the leave of the Court, by any other person related to her by blood, marriage or adoption."
What this means: This clause allows other relatives (like a cousin, a grandparent, or even a relative from a previous marriage) to file a complaint, but only if they get the court's permission first.
"Leave of the Court": This means the person must first apply to the Magistrate. The Magistrate will then listen to the person and decide if they have a genuine and close relationship to the victim and are acting in her best interests.
The Purpose: This "permission" step acts as a judicial filter. It allows the court to stop a distant relative who might be filing the complaint for personal revenge or to harass the accused. It ensures that only those with a true connection to the victim can start the legal process.
A person who is not related by blood, marriage, or adoption (like a friend, a neighbour, or a social worker) cannot use this path to file a private complaint under BNSS Section 220. They would have to go to the police and file an FIR (Path 1).
Why Does This Restriction Exist?
The rules in BNSS Section 220 are deliberate and serve two main purposes.
To Protect the Victim's Privacy and Agency: Offences under BNS Section 85 are deeply personal and involve family relationships. The law respects the victim's privacy by preventing strangers or unrelated people from starting a court case about her private life. It keeps the control of the private complaint in the hands of the victim and her closest family. It allows the victim to decide if she wants to proceed, especially if there is a chance of reconciliation.
To Prevent Misuse of the Law: The previous Section 498A of the IPC was a powerful tool, but it also faced criticism for being misused by some to settle personal scores or to harass the husband's entire family.
By limiting who can file a private complaint, BNSS Section 220 acts as a safeguard. It makes it harder for unrelated people to file false or malicious cases. The court can trust that a complaint from a mother, father, or the victim herself is more likely to be genuine.
Conclusion: The Importance of BNSS Section 220
BNSS Section 220 is a clear example of how procedural law (the BNSS) works hand-in-hand with substantive law (the BNS) to achieve justice. It sets up a careful and balanced procedure for one of the most sensitive offences in the criminal code.
To summarize the key points:
BNSS Section 220 is the procedural rule for starting a court case for the offence of "cruelty" under BNS Section 85.
A court cannot take cognizance of this offence unless the case is brought through one of two channels: (1) a police report or (2) a private complaint.
The right to file a private complaint is restricted to the victim herself and her close family (parents, siblings, uncles, aunts).
Other relatives (by blood, marriage, or adoption) can only file a complaint after getting special permission, or "leave," from the court.
For law students and professionals, understanding BNSS Section 220 is essential. It is not just a technical rule; it is a vital safeguard that balances the urgent need to protect women from cruelty with the legal principle of preventing procedural misuse. It ensures that these sensitive cases are handled by the state through a police investigation or by those who are closest to the victim.
Comments
Post a Comment