219. Prosecution for offences against marriage.

No Court shall take cognizance of an offence punishable under section 81, section 82, section 83 or section 84 of the Bharatiya Nyaya Sanhita, 2023, except upon a complaint made by some person aggrieved by the offence:

Provided that—

1. where such person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a person who, under any law for the time being in force or any custom or usage having the force of law is unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his or her behalf;
2. 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 section 85 of the Bharatiya Nyaya Sanhita, 2023 may make a complaint on his behalf;
3. where the person aggrieved by the offence is the wife, the complaint may be made on her behalf by her father, mother, brother, sister, son, daughter or by her father's or mother's brother or sister.