Cognizance of offence.
What this section does
No Court may take cognizance of the offence under section 67 of the Bharatiya Nyaya Sanhita, 2023 (relating to sexual intercourse by a husband with his wife in a marital relationship) unless the Court is prima facie satisfied that the facts constitute the offence, and only upon a complaint filed or made by the wife against the husband.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Wife (complainant) · Husband (accused)
Read the official text
For the binding statutory text of BNSS Section 221, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 221 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.