Section 220 BNSS: Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 220 BNSS at a Glance

Section 220 BNSS deals with prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023. It replaced Section 198A CrPC on 1 July 2024.

Was CrPC

Section 198A →

Section 220 BNSS Bare Act Text

220. Prosecution of offences under section 498A of the Indian Penal Code

Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.

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.

Source: Section 220, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 220 BNSS in Simple Words

Under Section 220 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court shall not take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023. The Court shall not do so except upon a police report of the facts that make up the offence or upon a complaint.

The complaint may be made by the person aggrieved by the offence. It may also be made by the father, mother, brother or sister of that person.

It may be made by the brother or sister of the father or of the mother of that person. With the leave of the Court, it may be made by any other person related to the person aggrieved by blood, marriage or adoption.

When Section 220 BNSS Applies

  • No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except in the ways the text lists.
  • One way is a police report of facts which constitute such offence.
  • Another way is a complaint made by the person aggrieved by the offence.
  • A complaint may also be made by her father, mother, brother, sister or by her father's or mother's brother or sister.
  • With the leave of the Court, a complaint may be made by any other person related to her by blood, marriage or adoption.

Example of Section 220 BNSS

Anita is the person aggrieved by an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023. Sunil is the sister of the mother of Anita. Under Section 220 BNSS, a complaint made by Sunil is one of the complaints the text lists, so the Court may take cognizance on it. Kiran is related to Anita by adoption but is not one of the relatives the text names. A complaint by Kiran is covered only with the leave of the Court.

When Section 220 BNSS Does Not Apply

  • Section 220 BNSS speaks of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023. It does not deal with an offence punishable under any other section of that Sanhita.
  • Section 220 BNSS speaks of when a Court takes cognizance. It does not deal with how the police investigate the offence.

Section 220 BNSS in the CrPC (Previous Law)

Section 220 BNSS replaces Section 198A CrPC from the old criminal code.

Section 198A CrPC is found in Section 220 BNSS from 1 July 2024. The text is the same except for the cross-reference, which is to section 85 of the Bharatiya Nyaya Sanhita, 2023 in Section 220 BNSS and to section 498A of the Indian Penal Code in Section 198A CrPC. The heading carries the same cross-reference.

View CrPC Section 198A →

FAQs on Section 220 BNSS

When may a Court take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023?▼

Under Section 220 BNSS, a Court takes cognizance only upon a police report of facts which constitute such offence, or upon a complaint made by the person aggrieved by the offence or by the relatives the text names.

Who may make a complaint under Section 220 BNSS?▼

The person aggrieved by the offence, or her father, mother, brother, sister, or her father's or mother's brother or sister. With the leave of the Court, any other person related to her by blood, marriage or adoption may also make a complaint.

When is the leave of the Court needed under Section 220 BNSS?▼

The text names the leave of the Court for a complaint by any other person related to her by blood, marriage or adoption. It does not name the leave of the Court for the other persons it lists.

What changed from Section 198A CrPC to Section 220 BNSS from 1 July 2024?▼

Section 220 BNSS has the same text as Section 198A CrPC, with one difference in the cross-reference. It refers to section 85 of the Bharatiya Nyaya Sanhita, 2023 where Section 198A CrPC referred to section 498A of the Indian Penal Code. The heading carries the same cross-reference.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·