Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the prosecution for contempt of lawful authority of public servants, offenses against public justice, and offenses relating to documents given in evidence.
🧾 Section 215: Prosecution for Contempt of Lawful Authority of Public Servants, Offenses Against Public Justice, and Offenses Relating to Documents Given in Evidence
1. Restrictions on Taking Cognizance
Clause (a): No court shall take cognizance of any offense punishable under sections 206 to 223 (both inclusive but excluding section 209) of the Bharatiya Nyaya Sanhita, 2023, or any abetment of, attempt to commit, or criminal conspiracy to commit such offense, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate or of some other public servant who is authorized by the concerned public servant so to do.(indiankanoon.org)
Clause (b): No court shall take cognizance of any offense punishable under certain specified sections of the Bharatiya Nyaya Sanhita, 2023, when such offense is alleged to have been committed in, or in relation to, any proceeding in any court; or of any offense described in sub-section (1) of section 336, or punishable under sub-section (2) of section 340 or section 342 of the said Sanhita, when such offense is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court; or of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offense specified in the previous sub-clauses, except on the complaint in writing of that court or by such officer of the court as that court may authorize in writing in this behalf, or of some other court to which that court is subordinate.(indiankanoon.org)
2. Withdrawal of Complaint
Where a complaint has been made by a public servant under clause (a) of sub-section (1), any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the court; and upon its receipt by the court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the court of first instance has been concluded.
3. Definition of "Court"
In clause (b) of sub-section (1), the term "court" means a civil, revenue, or criminal court, and includes a tribunal constituted by or under a Central or State Act if declared by that Act to be a court for the purposes of this section.(
For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate: Provided that—
where appeals lie to more than one court, the appellate court of inferior jurisdiction shall be the court to which such court shall be deemed to be subordinate;
where appeals lie to a civil and also to a revenue court, such court shall be deemed to be subordinate to the civil or revenue court according to the nature of the case or proceeding in connection with which the offense is alleged to have been committed.
⚖️ Comparison with Indian Penal Code (IPC)
Section 215 of the BNSS is broadly analogous to Section 195 of the Indian Penal Code (IPC), which governs the cognizance of certain offenses related to contempt of lawful authority of public servants, offenses against public justice, and offenses relating to documents given in evidence. Both provisions require specific written complaints from authorized public servants or courts to initiate proceedings for such offenses.
🧭 Key Takeaways
Restricted Cognizance: Courts cannot take cognizance of certain offenses without a written complaint from authorized public servants or courts.(
Withdrawal of Complaints: Authorized authorities can withdraw complaints, but not after the trial has concluded in the court of first instance
Definition of "Court": The term "court" encompasses civil, revenue, and criminal courts, as well as tribunals declared as courts under relevant Acts.
Subordination of Courts: The concept of court subordination is defined to determine the appropriate authority for initiating proceedings.
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