Code:
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.
Explanation:
Section 220 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – 2023 dictates the circumstances under which a court can take cognizance of an offense punishable under Section 84 of the Bharatiya Nyaya Sanhita, 2023. This section primarily concerns offenses related to sexual assault.
The section states that a court cannot initiate proceedings for such offenses unless:
- A police report detailing the facts constituting the offense is filed.
- A complaint is lodged by the victim.
- A complaint is made by the victim’s father, mother, brother, sister, or their paternal or maternal uncles or aunts.
- With the court’s permission, a complaint is filed by any other individual related to the victim through blood, marriage, or adoption.
Illustration:
Suppose a woman is sexually assaulted. In this scenario, the court can take cognizance of the offense if:
- The police file a report based on their investigation.
- The woman herself files a complaint.
- Her brother files a complaint on her behalf.
- Her aunt, with the court’s approval, files a complaint.
Common Questions and Answers:
Q1. What is the purpose of this section?
A1. This section aims to ensure that a court only takes cognizance of these sensitive offenses under specific circumstances, prioritizing the victim’s rights and well-being. It seeks to prevent frivolous complaints while ensuring access to justice for the victims.
Q2. Can anyone file a complaint regarding an offense under Section 84?
A2. No. This section specifically restricts the filing of complaints to certain individuals closely related to the victim, with the court’s permission being required for others.
Q3. What if the victim is unable to file a complaint?
A3. In such cases, the court can still take cognizance of the offense if a police report is filed or if a complaint is filed by the victim’s family members as permitted by Section 220.
