Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 220: Prosecution of offences under section 84 of Bharatiya Nyaya Sanhita, 2023.
No Court shall take cognizance of an offence punishable under section 84 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.
Brefe Detail
This section outlines the conditions under which a court can take cognizance of an offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023. Specifically, it states that a court may only act on a police report or a complaint from the aggrieved person or certain relatives.
Question & Answers
What does Section 220 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specify?
It specifies that no court shall take cognizance of an offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report or a complaint from the aggrieved person or specific relatives.
Who can file a complaint under this section?
A complaint can be made by the aggrieved person, or by her father, mother, brother, sister, or other close relatives, with the court's permission.
Can a court act on its own in such cases?
No, a court cannot take cognizance of the offence without a police report or a valid complaint as specified in this section.
Example
- If a woman is a victim of an offence punishable under section 84, she can file a complaint herself.
- If she is unable to do so, her mother or father can file the complaint on her behalf.
- A police report detailing the offence can also initiate the court's cognizance.
Summary
Section 220 of the Bharatiya Nagarik Suraksha Sanhita, 2023 restricts the court's ability to take cognizance of offences under section 84 to instances where a police report is available or a complaint is filed by the aggrieved individual or specific relatives. This ensures that legal proceedings are initiated appropriately based on verified reports or legitimate grievances.
