Conditions Requisite for Initiation of Proceedings (ss.215–222 BNSS) — BNSS (Criminal Law II) Notes

Conditions Requisite for Initiation of Proceedings (ss.215–222 BNSS)

For most offences anyone can set the law in motion. But for a few sensitive ones the door is guarded: only a particular person (the “person aggrieved”) or a particular court may open a prosecution. These gates stop busybodies from weaponising the criminal process.

Cognizance of certain offences is barred except on the complaint of a specified person or court:

Offences against public justice / relating to documents in a court (s.215 [s.195 CrPC]). Offences like giving false evidence or fabricating evidence in a proceeding can be prosecuted only on the complaint of the court concerned (see also s.379).
Prosecution for offences relating to marriage (s.221 [s.198 CrPC]). Only the aggrieved person (or specified relatives) may complain.
Prosecution for defamation (s.222 [s.199 CrPC]). Only the person aggrieved by the defamation may complain.

The purpose is to prevent frivolous or vindictive prosecutions in areas touching family, reputation and the administration of justice.

🧩 WORKED EXAMPLE — the disciple’s complaint

Facts. X defames Y, a revered yoga guru. A disciple of Y, feeling hurt, wants to file a defamation complaint.

Rule. Section 222 permits prosecution for defamation only on a complaint by the person aggrieved — the one defamed.

Apply. The disciple is not the person defamed; his hurt feelings do not make him “aggrieved” in law. Only Y (or, if Y is dead/incapacitated, a person authorised) may complain.

Conclusion. The disciple cannot complain; the right belongs to the defamed person. The decoy is the disciple’s genuine distress.

Section 222(1) BNSS: “No Court shall take cognizance of an offence punishable under Chapter XIX of the Bharatiya Nyaya Sanhita, 2023 [defamation] except upon a complaint made by some person aggrieved by the offence.”

In Simple Terms: A defamation case can be started only by the person actually defamed — not by a sympathiser or a stranger.

flowchart TD
    ROOT["Conditions for initiation ss.215-222"]:::root
    ROOT --> A["Offences v. public justice s.215<br/>only on complaint of the court"]:::leaf
    ROOT --> B["Marriage offences s.221<br/>only aggrieved person"]:::leaf
    ROOT --> C["Defamation s.222<br/>only person aggrieved"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Iqbal Singh Marwah v. Meenakshi Marwah (2005) — the bar of s.195 CrPC (now s.215 BNSS) applies only where the offence was committed in relation to proceedings in that court.
M.S. Ahlawat v. State of Haryana (2000) — prosecution for perjury must follow the s.340/s.379 route, not a private complaint.

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