Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 219: Prosecution for offences against marriage.
(1) No Court shall take cognizance of an offence punishable under Chapter V 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 under the age of eighteen years, or is having intellectual disability requiring higher support needs or a person with mental illness, 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 81 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 83 of the Bharatiya Nyaya Sanhita, 2023:
Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf.
(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 person under the age of eighteen years or of a person with mental illness by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or a person with mental illness, 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.
Brefe Detail
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedures for prosecuting offences against marriage. It stipulates that a complaint must be made by a person aggrieved by the offence, with specific provisions for vulnerable individuals and those serving in the Armed Forces. The section also discusses the role of guardians and the need for written authorization when necessary.
Question & Answers
What does Section 219 state about who can file a complaint?
No Court shall take cognizance of an offence punishable under Chapter V except upon a complaint made by an aggrieved person.
Can a minor file a complaint under this section?
A complaint can be made on behalf of a person under eighteen years of age by another individual with the Court's permission.
What is required if the husband is serving in the Armed Forces?
If the husband is serving and cannot make a complaint in person, a person authorized by him may file a complaint on his behalf.
What happens if more than a year has elapsed since the offence under section 64?
No Court shall take cognizance of such an offence if more than one year has passed since the commission.
Is there a provision for abetment?
Yes, the provisions of this section apply to abetment or attempts to commit the specified offences.
Example
Example 1: A 17-year-old girl who has been harmed may have her father file a complaint on her behalf with the Court's permission.
Example 2: A soldier deployed in a conflict zone may authorize his brother to make a complaint against his wife on his behalf, provided the authorization is in writing.
Summary
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes strict guidelines for prosecuting offences related to marriage. It emphasizes the importance of filing complaints by aggrieved individuals, provides mechanisms for vulnerable parties, and clarifies the legal responsibilities of those in the Armed Forces.
