Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XV: Conditions Requisite for Initiation of Proceedings
Section 221: Cognizance of offence
In plain words
Where the parties are married, a court can take cognizance of a husband's non-consensual sex with his separated wife under section 67 of the Bharatiya Nyaya Sanhita, 2023 only on a complaint by the wife, and only if it is prima facie satisfied of the facts.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 221
No Supreme Court judgment in our database cites this section yet.