Introduction to Section 220 BNSS
Section 220 BNSS talks about how legal action can begin for offences mentioned in Section 85 of Bharatiya Nyaya Sanhita, 2023 — mainly related to cruelty against women in marriage. This law makes sure that the court only takes action when a proper police report or a formal complaint by the victim or close relatives is made. It helps protect women and also prevents false or unwanted cases.
What is BNSS Section 220 ?
BNSS Section 220 says that the court cannot take action for offences under Section 85 of Bharatiya Nyaya Sanhita (2023) unless:
- A police report is filed, or
- A formal complaint is made by the affected woman, or her close relatives, or with court permission, by any other trusted person.
BNSS Section of 220 in Simple Points
1. Court Needs Complaint or Police Report First
The court cannot begin a case under Section 85 of Bharatiya Nyaya Sanhita (cruelty in marriage) on its own. It must first receive a complaint from the victim or her family, or a police report. This rule ensures that only genuine cases are taken seriously. It protects people from false or fake complaints. The law wants proof or a clear report before legal action starts. It also saves court time by filtering out weak cases. This makes the justice system more honest and strong.
2. Victim’s Family Can Also File Complaint
If the woman cannot file a complaint herself, her close family members can do it. These include her parents, siblings, uncles, or aunts from her mother’s or father’s side. This helps protect women who are scared or unable to speak out. It gives her family the power to take legal action on her behalf. The law understands that women may suffer silently. So, it gives her family a voice to fight for her. This rule is a support system for victims.
3. Others Must Take Court’s Permission
If someone outside the family wants to file a complaint, they must take permission from the court. The court will check if the person is truly connected to the victim. This stops strangers or enemies from filing false complaints. It adds safety and privacy for the woman involved. This rule protects her from unwanted attention or misuse. It keeps the case limited to trusted people only. This ensures that justice is handled with care and honesty.
4. Law Focuses on Cruelty in Marriage
BNSS Section 220 is used when a woman suffers cruelty in marriage, as defined in Section 85. This includes mental torture, physical harm, dowry demands, or threats. The law makes it possible for her to get justice legally. It shows that abuse in marriage is a serious crime. This rule encourages women to speak out and protects their rights. It sends a strong message against cruelty. The law wants every woman to feel safe and respected.
5. Makes Legal Process Safe and Private
This section helps keep personal matters private by only allowing family or close people to file complaints. It avoids unnecessary gossip or public shame. It respects the emotions of the victim and her family. Legal steps are taken in a controlled and respectful way. The court checks everything before starting a case. This builds trust in the law and gives women courage. The legal system becomes stronger when it respects privacy.
Section 220 of BNSS Overview
BNSS Section 220 ensures that marriage cruelty cases under Section 85 cannot move forward unless a genuine complaint or police report is filed. Only the woman, her close relatives, or someone permitted by the court can file the case. This makes the legal process safe, honest, and respectful for women.
BNSS Section 220: 10 Key Points
1. Cognizance Only on Complaint or Police Report
BNSS Section 220 says that the court cannot start any case for cruelty (as per Section 85 of BNS) by itself. The court must either get a police report or a proper complaint. This ensures that only serious and real cases reach the court. It helps prevent fake or weak cases from wasting the court’s time. The law builds a filter for false accusations. It also gives power to genuine victims to seek help. The rule creates a strong first step in protecting the person affected. It shows that the legal process must begin in a lawful and correct way.
2. Only Specific People Can File Complaint
Only certain people can file a complaint under BNSS Section 220. These people include the victim herself or her close relatives like father, mother, brother, or sister. This list ensures that the people filing the complaint truly care about the victim’s well-being. It avoids misuse by strangers or unrelated persons. It also protects the dignity of the victim. When close family files the case, the law treats it more seriously. The rule brings trust and truth into the complaint system. It keeps the process clean and respectful.
3. Close Relatives Can Help When Victim Can’t
There are times when the woman herself cannot go to the police or court. She may be scared, abused, mentally disturbed, or under pressure. BNSS 220 allows her close relatives to step in and file the complaint for her. This helps protect women who are silent but suffering. It shows that the law does not wait until it’s too late. Family members can act as a shield for the victim. The rule gives her a chance to get justice through others. It shows the law’s human side.
4. Other People Need Court Permission
If the person filing the complaint is not from the close family list, then they must take permission from the court. The court will check whether that person is really related or genuinely concerned. This ensures only trustworthy people can file a case. It avoids interference from enemies, outsiders, or people with bad intentions. This step protects the victim’s privacy and safety. The court’s permission acts like a gatekeeper. It makes the process strict and responsible. Only serious people will go that far.
5. Protects Women from Domestic Cruelty
BNSS Section 220 deals with cruelty in marriage under BNS Section 85. Cruelty includes physical harm, emotional torture, threats, or pressure for dowry. This law ensures that such cruelty is not ignored or hidden. It makes sure that proper steps are taken to bring justice. Women often face abuse quietly—this rule helps them get legal support. It gives them the power to speak out with family help. The law aims to create safer homes for married women. It takes cruelty very seriously.
6. Avoids Misuse of Law by Outsiders
If anyone could file complaints, there would be many false cases. People may misuse the law to take revenge or harass someone. BNSS 220 prevents that by allowing only close family or court-approved people. This step protects innocent people from being wrongly dragged to court. It helps keep the legal system clean and focused. The law is strict about who can complain to avoid drama and lies. Only real victims and their close ones can take action. This builds fairness in legal use.
7. Maintains Privacy and Dignity in Marriage Matters
Marriage issues are personal and sensitive. BNSS Section 220 protects the dignity of both the victim and the accused. By limiting who can file a complaint, it prevents unnecessary gossip and social shame. This helps victims feel safe in coming forward without public embarrassment. It keeps the matter within trusted circles. The law respects the emotions of the families involved. It avoids hurting people more than they already are. This rule is made with care and sensitivity.
8. Builds Responsibility on Police and Families
BNSS 220 gives a clear role to both the police and close relatives. Police must investigate properly and file honest reports. Relatives must act quickly when they know cruelty is happening. Everyone around the victim has a duty to help her legally. This law encourages support instead of silence. The rule builds teamwork between family, police, and the court. It creates a stronger safety net for the woman. All these roles lead to timely justice.
9. Supports Genuine Victims Quickly
Because BNSS Section 220 has clear rules, it avoids delay for real victims. The complaint can be filed by the right person immediately. Police can then act fast, and the court can begin proceedings. It helps women who are in danger or suffering badly. The process moves faster than in open-ended systems. Victims don’t need to wait helplessly. The law values urgency in cruelty matters. Quick help means better protection.
10. Strengthens the Justice System
BNSS 220 adds strength to the justice system by bringing structure. The court, police, and families know their roles. The steps are clear and fair. Only serious, legal complaints are allowed. This avoids confusion and waste of time in courts. It builds public trust in the law. People know justice will come through the right way. The law works better when everyone follows a proper path.
Example 1:
Rita was mentally harassed and physically beaten by her husband. She went to the police and filed a complaint. The court accepted her case because she herself made a formal complaint. This is allowed under BNSS Section 220.
Example 2:
Priya was tortured for dowry but was scared to file a complaint. Her brother filed it on her behalf. The court accepted it, as her brother is a close relative, which is valid under BNSS Section 220.
Section 220 of BNSS Short Information
| BNSS 220 | Answer |
|---|---|
| Who can file a complaint under BNSS Section 220? | The woman herself, her parents, siblings, uncles/aunts, or anyone with court’s permission. |
| Can the court act on its own under this law? | No, the court needs a police report or complaint first. |
| What offence does this section deal with? | It deals with cruelty in marriage under Section 85. |
| Why is court permission needed sometimes? | If a person is not family, court permission ensures the complaint is genuine. |
| Why is this law important? | It protects women and prevents misuse of legal actions. |
Why BNSS Section 220 is Needed?
BNSS Section 220 is needed to protect women from misuse and false complaints, and to ensure that real victims of cruelty are given proper legal support. It sets clear rules on who can file a complaint under Section 85 of Bharatiya Nyaya Sanhita, 2023 (which deals with cruelty by husband or relatives). Here’s why it’s important:
1. To Avoid Misuse of Law
Some people misuse cruelty laws to harass innocent husbands and their families. Section 220 makes sure only genuine complaints are accepted by the court, either through the police or close relatives.
2. To Protect Real Victims
Real victims of cruelty (usually women in marriage) often feel scared or helpless. Section 220 allows not only the woman but also her close relatives (like parents, siblings, uncles, or aunts) to file a complaint, giving more ways to seek justice.
3. To Ensure Legal Process is Followed
This section stops any random or unauthorized person from filing a complaint. It ensures that either the police or trusted family members take legal steps, so the process is more genuine and responsible.
4. To Reduce False Cases in Courts
Courts are already overloaded. Section 220 helps reduce fake or baseless cases by making sure only reports from police or close family are considered. This saves time and helps focus on real cases.
5. To Respect Privacy and Emotions
Cases of cruelty in marriage are sensitive. Section 220 respects this by allowing only the woman or her close relatives to speak up legally, keeping the matter within a trusted circle before reaching court.
BNSS Section 220 FAQs
BNSS 220
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