Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, Section 219 outlines the procedures for prosecuting offences against marriage as defined in Sections 81 to 84 of the Bharatiya Nyaya Sanhita (BNS) 2023. These offences include:
- Dowry Death (Section 80): Pertains to the death of a woman caused by burns, bodily injury, or occurring under unnatural circumstances within seven years of marriage, linked to dowry-related harassment.
- Marrying Again During Lifetime of Husband or Wife (Section 82): Addresses bigamy, where an individual marries another person while their spouse is still alive, rendering the subsequent marriage void.
- Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage (Section 83): Involves deceitfully conducting a marriage ceremony without a lawful marriage.
- Adultery (Section 84): Concerns engaging in sexual relations with someone who is married to another person.
Key Provisions of Section 219 BNSS:
- Complaint by Aggrieved Person: Generally, only the person directly aggrieved by the offence can file a complaint.
- Exceptions:
- If the aggrieved person is a child, of unsound mind, has an intellectual disability requiring higher support needs, is sick or infirm, or is a woman who, according to local customs, should not be compelled to appear in public, another person may file the complaint with the court’s permission.
- If the aggrieved person is serving in the Armed Forces under conditions preventing them from obtaining leave, an authorized individual may file the complaint on their behalf.
- For offences under Section 82 (bigamy), if the aggrieved person is the wife, her close relatives—such as father, mother, brother, sister, son, or daughter—may file the complaint. With the court’s permission, any other person related by blood, marriage, or adoption can also do so.
These provisions ensure that offences against marriage are addressed appropriately, even when the directly aggrieved individual cannot personally initiate legal proceedings.
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