Cognizance of offence
AI Assist
Summary
Court cannot take cognizance of an offence under section 67 when the persons are married, unless the wife files a complaint and the court is prima facie satisfied of the facts that make up the offence. Only after that prima facie satisfaction can the court proceed to take cognizance.
Example
Priya believes her husband Arjun committed the offence under section 67 and files a complaint at the magistrate. The magistrate reads the complaint and finds prima facie facts supporting it, so the court takes cognizance and proceeds; if the court were not prima facie satisfied, it would refuse to take cognizance.
Bare Act
Enacted textNo 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.
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