Section 379 BNSS 2023: Procedure in Cases Mentioned in Section 215
Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure a Court may follow when it considers that an offence covered by clause (b) of sub-section (1) of Section 215 appears to have been committed in, or in relation to, a judicial proceeding or in respect of a document produced or given in evidence before the Court.
In force: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024. Section 379 appears in Chapter XXVIII, dealing with offences affecting the administration of justice.
What Section 379 BNSS means
Section 379 creates a court-controlled mechanism for initiating a complaint in specified offences connected with judicial proceedings. It does not treat every allegation concerning evidence or conduct before a Court as an ordinary private complaint. The Court must first form the opinion that it is expedient in the interests of justice to inquire into an offence falling within Section 215(1)(b).
The provision covers, among other matters, specified offences under the Bharatiya Nyaya Sanhita, 2023 when they are alleged to have been committed in or in relation to a proceeding in a Court, and specified offences concerning documents produced or given in evidence. The exact categories are set out in Section 215 of the BNSS on India Code.
Section 379 BNSS - statutory text
379. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215.
(3) A complaint made under this section shall be signed,-
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.
(4) In this section, "Court" has the same meaning as in section 215.
Step-by-step procedure under Section 379
- Application or Court's own consideration: The issue may arise on an application or otherwise before the Court.
- Opinion on expediency: The Court must consider whether an inquiry is expedient in the interests of justice.
- Connection with Section 215(1)(b): The suspected offence must be one covered by that provision and connected with a Court proceeding or a document produced or given in evidence.
- Preliminary inquiry, if considered necessary: Section 379 permits the Court to hold such preliminary inquiry as it thinks necessary.
- Finding and written complaint: If the Court proceeds, it may record a finding and make a written complaint.
- Transmission to competent Magistrate: The complaint is sent to a Magistrate of the first class having jurisdiction.
- Appearance, custody and evidence: The Court may require security for the accused's appearance, take the action permitted by clause (d) in a non-bailable matter, and bind over persons to appear and give evidence.
How Section 215 and Section 379 work together
| Provision | Function |
|---|---|
| Section 215 BNSS | Restricts cognizance of specified offences unless the complaint is made by the Court, an authorised Court officer, another Court to which it is subordinate, or another specified complainant depending on the clause involved. |
| Section 379 BNSS | Provides the procedure for the Court to decide whether to make the complaint for offences referred to in Section 215(1)(b), including recording a finding and forwarding the complaint to a Magistrate of the first class. |
| Section 380 BNSS | Provides an appeal mechanism in specified cases concerning refusal to make, or making of, a complaint under Section 379 by a Court other than a High Court. |
Who can sign the complaint?
If the complaint is made by a High Court, it must be signed by an officer appointed by that High Court. In any other case, it is signed by the presiding officer of the Court or by an officer whom the Court authorises in writing.
Can a superior Court exercise the power?
Yes, in the limited situation stated in Section 379(2). If the original Court has neither made a complaint nor rejected an application for making that complaint, the power may be exercised by the Court to which the former Court is subordinate within the meaning of Section 215(4).
Appeal under Section 380 BNSS
Section 380 provides a statutory appeal in specified cases where a Court other than a High Court refuses to make a complaint under Section 379 or makes such a complaint. The superior Court may, after notice to the parties concerned, direct withdrawal of the complaint or direct the making of a complaint that the former Court could have made.
Official source and current law
The authoritative current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through the Government of India's India Code BNSS page. The Act was enacted on 25 December 2023 and its enforcement date is shown by India Code as 1 July 2024.
This page is intended as a statutory reference and general legal information. For a case-specific question, the precise allegations, the nature of the Court proceeding, the document involved, and the applicable offence under the Bharatiya Nyaya Sanhita, 2023 should be examined.