eMunshiFor citizens
BNSS · Section 219 · Chapter XV — CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Prosecution for offences against marriage.

What this section does

No Court may take cognizance of offences under BNS sections 81–84 (marriage-related offences) except on a complaint by the aggrieved person, with specific provisions allowing complaints by authorised representatives where the aggrieved person is a child, of unsound mind, infirm, or a woman constrained by local custom. For offences under BNS section 84, only the husband is deemed aggrieved. No Court may take cognizance of marital rape under BNS section 64 (wife under 18) if more than one year has elapsed from the date of the offence.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Court · Aggrieved person · Husband · Wife · Guardian · Commanding Officer · Authorised representative
Time limit
One year from date of commission of offence under BNS s.64 (marital rape, wife under 18) — cognizance barred thereafter
Old-law correspondence

Derived from CrPC s.198.

Read the official text

For the binding statutory text of BNSS Section 219, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 219 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.