Section 219 of BNSS : Section 219: Prosecution for offences against marriage.

Explanation using Example

Example 1:

Scenario: A husband discovers that his wife has been subjected to mental cruelty by her employer.

Application:

1. The husband, being in the Armed Forces and unable to take leave, can authorize a trusted family member to file the complaint on his behalf.
2. The authorization must be in writing, signed by the husband, and countersigned by his Commanding Officer, certifying that leave cannot be granted for him to file the complaint personally.
3. The family member files the complaint in the court, attaching the necessary authorizations and certifications as per sub-section (4).
4. The court presumes the documents to be genuine and takes cognizance of the offence under Section 84 of the Bharatiya Nyaya Sanhita, 2023.

Example 2:

Scenario: A woman with an intellectual disability is being coerced into a fraudulent marriage.

Application:

1. The woman's brother, recognizing her inability to file a complaint, seeks to file it on her behalf.
2. He requests the court for permission, as outlined in the proviso to sub-section (1)(a), since she cannot appear in public due to her condition.
3. The court, upon verification that...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.