(1) No Court shall take cognizance of an offence punishable under Chapter V of
the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved
by the offence:
Provided that—
(a) where such person is under the age of eighteen years, or is having intellectual
disability requiring higher support needs or a person with mental illness, or is from
sickness or infirmity unable to make a complaint, or is a woman who, according to the
local customs and manners, ought not to be compelled to appear in public, some other
person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed
Forces of the Union under conditions which are certified by his Commanding Officer
as precluding him from obtaining leave of absence to enable him to make a complaint
in person, some other person authorised by the husband in accordance with the
provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 81 of
the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf
by her father, mother, brother, sister, son or daughter 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.
(2) For the purposes of sub-section (1), no person other than the husband of the
woman shall be deemed to be aggrieved by any offence punishable under section 83 of the
Bharatiya Nyaya Sanhita, 2023:
Provided that in the absence of the husband, some person who had care of the
woman on his behalf at the time when such offence was committed may, with the leave of
the Court, make a complaint on his behalf.
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the
complaint is sought to be made on behalf of a person under the age of eighteen years or of
a person with mental illness by a person who has not been appointed or declared by a
competent authority to be the guardian of the person of the minor or a person with mental
illness, and the Court is satisfied that there is a guardian so appointed or declared, the Court
shall, before granting the application for leave, cause notice to be given to such guardian
and give him a reasonable opportunity of being heard.
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall
be in writing, shall be signed or otherwise attested by the husband, shall contain a statement
to the effect that he has been informed of the allegations upon which the complaint is to be
founded, shall be countersigned by his Commanding Officer, and shall be accompanied by
a certificate signed by that Officer to the effect that leave of absence for the purpose of
making a complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying with the
provisions of sub-section (4), and any document purporting to be a certificate required by
that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall
be received in evidence.
(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya
Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his
own wife, the wife being under eighteen years of age, if more than one year has elapsed from
the date of the commission of the offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an
offence as they apply to the offence.
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