Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
AI Assist
Summary
No court may take cognizance of such an offence unless there is a police report stating the facts or a complaint by the aggrieved person. The aggrieved person's close relatives may also complain: father, mother, brother, sister, or her father's or mother's brother or sister. Any other relative can file a complaint only with the court's leave.
Example
Priya is molested by a neighbour and files an FIR at her local police station describing the facts. Because there is a police report, the court can take cognizance and proceed under the law.
Bare Act
Enacted textNo Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mother's brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
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