CrPC 198B→BNSS 221

CrPC 198B to BNSS 221: Cognizance of offence

Section 198B CrPC (1973) replaced by Section 221 BNSS (2023)

View CrPC Section 198B →View BNSS Section 221 →

CrPC 198B to BNSS 221 at a Glance

Section 198B CrPC (Cognizance of offence) is now Section 221 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 198B to BNSS 221?

Section 198B CrPC is found in Section 221 BNSS from 1 July 2024. The heading is the same and the text is the same except for the cross-reference, which is to section 67 of the Bharatiya Nyaya Sanhita, 2023 in Section 221 BNSS and to section 376B of the Indian Penal Code in Section 198B CrPC.

CrPC 198B vs BNSS 221: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section198B221
HeadingCognizance of offenceSame

CrPC 198B and BNSS 221: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 198B, CrPC 1973

198B. Cognizance of offence.—No Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code (45 of 1860) 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.
BNSS 2023 (in force)

Section 221, BNSS 2023

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.

When It Applies: CrPC 198B vs BNSS 221

Under CrPC 198B
  1. The rule is about an offence punishable under section 376B of the Indian Penal Code where the persons are in a marital relationship.
  2. No Court shall take cognizance of that offence except upon prima facie satisfaction of the facts which constitute the offence.
  3. The complaint is one filed or made by the wife against the husband.
Under BNSS 221
  1. The rule is about an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship.
  2. No Court shall take cognizance of that offence except upon prima facie satisfaction of the facts which constitute the offence.
  3. The complaint is one filed or made by the wife against the husband.

What CrPC 198B to BNSS 221 Means in Practice

From 1 July 2024, the words that no Court shall take cognizance of the offence where the persons are in a marital relationship except upon a complaint by the wife against the husband are read in Section 221 BNSS. The offence is named by section 67 of the Bharatiya Nyaya Sanhita, 2023.

FAQs: CrPC 198B to BNSS 221

Which BNSS section replaces Section 198B CrPC?▼

Section 198B CrPC has no sub-sections, and maps as a whole to Section 221 BNSS.

Which offence does Section 221 BNSS name?▼

Section 221 BNSS names an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023. Section 198B CrPC named an offence punishable under section 376B of the Indian Penal Code.

Is the complaint different in Section 221 BNSS?▼

Section 221 BNSS names a complaint having been filed or made by the wife against the husband, in the same words as Section 198B CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·