Section 221 BNSS: Cognizance of offence
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 221 BNSS at a Glance
Section 221 BNSS deals with cognizance of offence. It replaced Section 198B CrPC on 1 July 2024.
Section 221 BNSS Bare Act Text
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.
Source: Section 221, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 221 BNSS in Simple Words
Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 when the persons concerned are in a marital relationship.
A Court shall not take cognizance of that offence except upon prima facie satisfaction as to the facts that make up the offence.
The Court shall also not do so except upon a complaint that the wife has filed or made against the husband.
When Section 221 BNSS Applies
- The rule is about an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship.
- No Court shall take cognizance of that offence except upon prima facie satisfaction of the facts which constitute the offence.
- The complaint is one filed or made by the wife against the husband.
Example of Section 221 BNSS
When Section 221 BNSS Does Not Apply
- Section 221 BNSS speaks of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023. It does not deal with an offence punishable under any other section of that Sanhita.
Section 221 BNSS in the CrPC (Previous Law)
Section 221 BNSS replaces Section 198B CrPC from the old criminal code.
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.
View CrPC Section 198B →FAQs on Section 221 BNSS
When may a Court take cognizance of an offence under section 67 of the Bharatiya Nyaya Sanhita, 2023 under Section 221 BNSS?▼
Where the persons are in a marital relationship, a Court takes cognizance only 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.
Whose complaint does Section 221 BNSS name?▼
Section 221 BNSS names a complaint filed or made by the wife against the husband.
What must the Court be satisfied of under Section 221 BNSS?▼
The text asks for prima facie satisfaction of the facts which constitute the offence, upon a complaint having been filed or made by the wife against the husband.
What changed from Section 198B CrPC to Section 221 BNSS from 1 July 2024?▼
Section 221 BNSS has the same heading and the same text as Section 198B CrPC, with one difference in the cross-reference. It refers to section 67 of the Bharatiya Nyaya Sanhita, 2023 where Section 198B CrPC referred to section 376B of the Indian Penal Code.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·