Section 219 BNSS: Prosecution for offences against marriage
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 219 BNSS at a Glance
Section 219 BNSS deals with prosecution for offences against marriage. It replaced Section 198 CrPC on 1 July 2024.
Section 219 BNSS Bare Act Text
(1) No Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence:
Provided that—
(a) where such person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter 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.
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023.
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.
Source: Section 219, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 219 BNSS in Simple Words
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with prosecution for offences against marriage. Under Section 219(1) BNSS, a Court shall not take cognizance of an offence punishable under Section 81 to Section 84, both inclusive, of the Bharatiya Nyaya Sanhita, 2023. The only exception is a complaint made by some person aggrieved by the offence. Under Section 219(1)(a) BNSS, some other person may complain on behalf of the aggrieved person, but only with the leave of the Court. This applies where the aggrieved person is a child, is of unsound mind or has an intellectual disability requiring higher support needs, or is unable to complain from sickness or infirmity. It also applies to a woman who, according to the local customs and manners, ought not to be compelled to appear in public. Under Section 219(1)(b) BNSS, the aggrieved person may be a husband serving in any of the Armed Forces of the Union. The Commanding Officer of the husband must certify that the conditions of service preclude the husband from obtaining leave of absence to complain in person. Some other person authorised by the husband in accordance with Section 219(4) BNSS may then complain on behalf of the husband. Under Section 219(1)(c) BNSS, the aggrieved person may be a wife aggrieved by an offence punishable under Section 82 BNS. The father, mother, brother, sister, son or daughter of the wife may then complain on behalf of the wife.
So may a brother or sister of the father or mother of the wife. Any other person related to the wife by blood, marriage or adoption may complain only with the leave of the Court. Section 219(2) BNSS applies for the purposes of Section 219(1) BNSS. No person other than the husband of the woman is deemed to be aggrieved by an offence punishable under Section 84 BNS. Section 219(3) BNSS applies to a case falling under Section 219(1)(a) BNSS. The complaint is sought to be made on behalf of a child or of a person of unsound mind. It is sought to be made by someone who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind. If the Court is satisfied that a guardian has been so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to that guardian. The Court shall also give that guardian a reasonable opportunity of being heard. Under Section 219(4) BNSS, the authorisation referred to in Section 219(1)(b) BNSS shall be in writing and shall be signed or otherwise attested by the husband. It shall state that the husband has been informed of the allegations on which the complaint is to be founded.
It shall be countersigned by the Commanding Officer of the husband. It shall be accompanied by a certificate signed by that Officer, saying that leave of absence to complain in person cannot for the time being be granted to the husband. Under Section 219(5) BNSS, a document purporting to be such an authorisation and complying with Section 219(4) BNSS shall be presumed to be genuine unless the contrary is proved. The same applies to a document purporting to be the certificate required by Section 219(4) BNSS. Each such document shall be received in evidence. Section 219(6) BNSS covers an offence under Section 64 BNS that consists of sexual intercourse by a man with the man's own wife. It applies where the wife is under eighteen years of age. No Court shall take cognizance of that offence if more than one year has elapsed from the date of the commission of the offence. Under Section 219(7) BNSS, the provisions of Section 219 BNSS apply to the abetment of, or attempt to commit, an offence as they apply to the offence.
When Section 219 BNSS Applies
- No Court shall take cognizance of an offence punishable under Section 81 BNS to Section 84 BNS except upon a complaint made by some person aggrieved by the offence.
- Where the aggrieved person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.
- Where a complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian.
- Where the aggrieved person is the husband serving in any of the Armed Forces of the Union under conditions certified by his Commanding Officer as precluding him from obtaining leave of absence, some other person authorised by the husband in accordance with Section 219(4) BNSS may make a complaint on his behalf.
- Where the person aggrieved by an offence punishable under Section 82 BNS is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter 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.
- No person other than the husband of the woman shall be deemed to be aggrieved by an offence punishable under Section 84 BNS.
Time Limits Under Section 219 BNSS
- No Court shall take cognizance of an offence under Section 64 BNS, where the offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.Act text: “if more than one year has elapsed from the date of the commission of the offence”
Example of Section 219 BNSS
When Section 219 BNSS Does Not Apply
- Section 219(1) BNSS speaks of an offence punishable under Section 81 BNS to Section 84 BNS. It does not deal with prosecution for defamation.
- Section 219(2) BNSS speaks of who is deemed to be aggrieved by an offence punishable under Section 84 BNS. It does not deal with who is aggrieved by an offence punishable under Section 82 BNS, which Section 219(1)(c) BNSS covers.
Section 219 BNSS in the CrPC (Previous Law)
Section 219 BNSS replaced Section 198 CrPC from 1 July 2024.
Section 198 of the Code of Criminal Procedure, 1973 is found in Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with Section 198(1) CrPC to Section 198(7) CrPC in Section 219(1) BNSS to Section 219(7) BNSS. Section 219(1) BNSS reads Section 81 BNS to Section 84 BNS where Section 198(1) CrPC read Chapter XX of the Indian Penal Code. Section 219(1)(a) BNSS reads a child, or is of unsound mind or is having intellectual disability requiring higher support needs where Section 198(1)(a) CrPC read under the age of eighteen years, or is an idiot or a lunatic. Section 219(1)(c) BNSS, Section 219(2) BNSS and Section 219(6) BNSS read Section 82 BNS, Section 84 BNS and Section 64 BNS where Section 198(1)(c) CrPC, Section 198(2) CrPC and Section 198(6) CrPC read Section 494 IPC and Section 495 IPC, Section 497 IPC and Section 498 IPC, and Section 376 IPC. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years. Section 219(2) BNSS has no counterpart to the proviso to Section 198(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 219 BNSS
When may some other person make a complaint with the leave of the Court under Section 219(1)(a) BNSS?▼
Section 219(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that some other person may, with the leave of the Court, make a complaint on behalf of the aggrieved person where that person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years.
Who may make a complaint on behalf of a wife aggrieved by an offence under Section 82 BNS?▼
Under Section 219(1)(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023, complaint may be made on behalf of the wife by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister. Any other person related to her by blood, marriage or adoption may make the complaint with the leave of the Court.
When must the Court give notice to a guardian before leave to complain is granted under Section 219 BNSS?▼
Section 219(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies where a complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian. If the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.
What changed from Section 198 CrPC to Section 219 BNSS from 1 July 2024?▼
From 1 July 2024, Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 198 of the Code of Criminal Procedure, 1973. Section 219(1) BNSS reads Section 81 BNS to Section 84 BNS where Section 198(1) CrPC read Chapter XX of the Indian Penal Code. Section 219(1)(a) BNSS reads a child, or is of unsound mind or is having intellectual disability requiring higher support needs, where Section 198(1)(a) CrPC read under the age of eighteen years, or is an idiot or a lunatic. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years. Section 219(1)(c) BNSS reads Section 82 BNS where Section 198(1)(c) CrPC read Section 494 IPC and Section 495 IPC. Section 219(2) BNSS reads Section 84 BNS where Section 198(2) CrPC read Section 497 IPC and Section 498 IPC, and Section 219(2) BNSS has no counterpart to the proviso to Section 198(2) CrPC, which read that in the absence of the husband some person who had care of the woman on his behalf may, with the leave of the Court, make a complaint on his behalf. Section 219(3) BNSS reads a child or of a person of unsound mind where Section 198(3) CrPC read a person under the age of eighteen years or of a lunatic, and reads the guardian of the child, or of the person of unsound mind where Section 198(3) CrPC read the guardian of the person of the minor or lunatic. Section 219(6) BNSS reads Section 64 BNS where Section 198(6) CrPC read Section 376 IPC.
Section 219 BNSS: Sub-sections Explained
Section 219(1) BNSS: Prosecution for offences against marriage
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Bare Act Text
(1) No Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence:
Provided that—
(a) where such person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter 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.
Section 219(2) BNSS: Prosecution for offences against marriage
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Bare Act Text
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023.
Section 219(3) BNSS: Prosecution for offences against marriage
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Bare Act Text
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.
Section 219(4) BNSS: Prosecution for offences against marriage
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Bare Act Text
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
Section 219(5) BNSS: Prosecution for offences against marriage
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Bare Act Text
(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
Section 219(6) BNSS: Prosecution for offences against marriage
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Bare Act Text
(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·