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 the brother is a suitable representative, grants leave for him to make the complaint.
4. The court then proceeds to take cognizance of the offence against marriage under sections 81 to 84 of the Bharatiya Nyaya Sanhita, 2023.

Example 3:

Scenario: A father wants to file a complaint against his daughter’s husband for forcing her into a marriage under false pretenses.

Application:

1. The father files a complaint on behalf of his daughter, citing section 82 of the Bharatiya Nyaya Sanhita, 2023.
2. According to sub-section (1)(c), the father is a permissible complainant on behalf of his daughter.
3. The court takes cognizance of the offence, proceeding with the case as the complaint was made by a close relative as allowed by the section.

Example 4:

Scenario: A woman below the age of 18 is married off and subjected to sexual intercourse by her husband.

Application:

1. A complaint is filed by the girl’s mother within one year of the offence.
2. The court takes cognizance of the offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, because the complaint was made within the stipulated time frame.
3. If more than one year had elapsed, the court would not take cognizance of the offence as per sub-section (6).

Example 5:

Scenario: A person attempts to abet a marriage fraud involving a minor girl.

Application:

1. The girl's guardian files a complaint against the person attempting the abetment.
2. The court applies the provisions of this section to the abetment attempt, treating it with the same seriousness as the actual offence.
3. The court takes cognizance and proceeds with the case under the relevant sections of the Bharatiya Nyaya Sanhita, 2023, as specified in sub-section (7).