CrPC 195→BNSS 215

CrPC 195 to BNSS 215: Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Section 195 CrPC (1973) replaced by Section 215 BNSS (2023)

View CrPC Section 195 →View BNSS Section 215 →

CrPC 195 to BNSS 215 at a Glance

Section 195 CrPC (Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence) is now Section 215 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 195 to BNSS 215?

Section 195 of the Code of Criminal Procedure, 1973 became Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In substance, Section 215(1)(a)(iii) BNSS expands who may make a written complaint by adding another public servant authorised by the concerned public servant. Section 215(2) BNSS correspondingly extends the power to order withdrawal of such a complaint to the public servant who granted that authorisation. Section 215(1)(a)(i) BNSS also excludes Section 209 of the Bharatiya Nyaya Sanhita, 2023 from the range of Sections 206 to 223, although its source, Section 174A of the Indian Penal Code, fell within Sections 172 to 188, so that offence falls outside the complaint requirement. Renumbering, updating penal cross-references, and omitting Provincial in Section 215(3) BNSS are changes of form.

CrPC 195 vs BNSS 215: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section195215
HeadingProsecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidenceSame
Sub-sections4 sub-sectionsSame

CrPC 195 and BNSS 215: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 195, CrPC 1973

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance— (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, (45 of 1860), or (ii) of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; (b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. (2) 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) 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, Provincial or State Act if declared by that Act to be a Court for the purposes of this section. (4) 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— (a) 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; (b) 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 offence is alleged to have been committed.
BNSS 2023 (in force)

Section 215, BNSS 2023

215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance— (a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or (ii) of any abetment of, or attempt to commit, such offence; or (iii) of any criminal conspiracy to commit such offence, 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 authorised by the concerned public servant so to do; (b) (i) of any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and 267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court; or (ii) of any offence 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 offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court; or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. (2) Where a complaint has been made by a public servant or by some other public servant who has been authorised to do so by him under clause (a) of sub-section (1), any authority to which he is administratively subordinate or who has authorised such public servant, 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) 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. (4) 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— (a) 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; (b) 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 offence is alleged to have been committed.

When It Applies: CrPC 195 vs BNSS 215

Under CrPC 195
  1. Under Section 195(1)(a) of the Code of Criminal Procedure, 1973, no Court shall take cognizance of any offence punishable under Sections 172 to 188, both inclusive, of the Indian Penal Code, or of any abetment, attempt, or criminal conspiracy to commit such an offence, except on the complaint in writing of the public servant concerned or another public servant to whom he is administratively subordinate.
  2. No Court shall take cognizance of any offence punishable under Sections 193 to 196, both inclusive, 199, 200, 205 to 211, both inclusive, and 228 of the Indian Penal Code when alleged to have been committed in or in relation to any proceeding in any Court, or of any criminal conspiracy to commit, attempt to commit, or abetment of any offence specified in Section 195(1)(b)(i) CrPC or Section 195(1)(b)(ii) CrPC, except on the complaint in writing of that Court, an officer of that Court authorised in writing in that behalf, or a Court to which that Court is subordinate.
  3. Under Section 195(1)(b)(ii) CrPC and Section 195(1)(b)(iii) CrPC, no Court shall take cognizance of any offence described in Section 463 or punishable under Section 471, Section 475, or Section 476 of the Indian Penal Code when alleged to have been committed in respect of a document produced or given in evidence in a Court proceeding, or of any criminal conspiracy to commit, attempt to commit, or abetment of any offence specified in Section 195(1)(b)(i) CrPC or Section 195(1)(b)(ii) CrPC, except on the complaint in writing of that Court, its officer authorised in writing, or a superior Court.
  4. Where a public servant has made a complaint under Section 195(1)(a) CrPC, any authority to which he is administratively subordinate may order its withdrawal and send a copy of the order to the Court, upon receipt of which no further proceedings shall be taken, though the proviso limits this power by barring withdrawal if the trial in the Court of first instance has been concluded.
  5. For Section 195(1)(b) CrPC, a Court means a Civil, Revenue, or Criminal Court and includes a tribunal declared by a Central, Provincial, or State Act to be a Court for Section 195 CrPC, and it is deemed subordinate to the ordinary appellate Court or, for a Civil Court without ordinary appeal, the local Principal Civil Court of original jurisdiction, subject to the provisos selecting the appellate Court of inferior jurisdiction when appeals lie to more than one Court and selecting the Civil or Revenue appellate Court according to the nature of the proceeding.
Under BNSS 215
  1. Under Section 215(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no Court shall take cognizance of any offence punishable under Sections 206 to 223, both inclusive but excluding Section 209, of the Bharatiya Nyaya Sanhita, 2023, or of any abetment, attempt, or criminal conspiracy to commit such an offence, except on the complaint in writing of the public servant concerned, another public servant to whom he is administratively subordinate, or another public servant authorised by the concerned public servant to do so.
  2. No Court shall take cognizance of any offence punishable under Sections 229 to 233, both inclusive, 236, 237, 242 to 248, both inclusive, and 267 of the Bharatiya Nyaya Sanhita, 2023 when alleged to have been committed in or in relation to any proceeding in any Court, or of any criminal conspiracy to commit, attempt to commit, or abetment of any offence specified in Section 215(1)(b)(i) BNSS or Section 215(1)(b)(ii) BNSS, except on the complaint in writing of that Court, an officer of that Court authorised in writing in that behalf, or a Court to which that Court is subordinate.
  3. Under Section 215(1)(b)(ii) BNSS and Section 215(1)(b)(iii) BNSS, no Court shall take cognizance of any offence described in Section 336(1) or punishable under Section 340(2) or Section 342 of the Bharatiya Nyaya Sanhita, 2023 when alleged to have been committed in respect of a document produced or given in evidence in a Court proceeding, or of any criminal conspiracy to commit, attempt to commit, or abetment of any offence specified in Section 215(1)(b)(i) BNSS or Section 215(1)(b)(ii) BNSS, except on the complaint in writing of that Court, its officer authorised in writing, or a superior Court.
  4. Where a complaint has been made under Section 215(1)(a) BNSS by a public servant or by another public servant authorised by him, any authority to which he is administratively subordinate or who has authorised that public servant may order its withdrawal and send a copy of the order to the Court, upon receipt of which no further proceedings shall be taken, though the proviso limits this power by barring withdrawal if the trial in the Court of first instance has been concluded.
  5. For Section 215(1)(b) BNSS, a Court means a Civil, Revenue, or Criminal Court and includes a tribunal declared by a Central or State Act to be a Court for Section 215 BNSS, and it is deemed subordinate to the ordinary appellate Court or, for a Civil Court without ordinary appeal, the local Principal Civil Court of original jurisdiction, subject to the provisos selecting the appellate Court of inferior jurisdiction when appeals lie to more than one Court and selecting the Civil or Revenue appellate Court according to the nature of the proceeding.

What CrPC 195 to BNSS 215 Means in Practice

Under Section 195(1)(a) of the Code of Criminal Procedure, 1973, only the concerned public servant or an administratively superior public servant could make the required written complaint. Under Section 215(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the concerned public servant may authorise another public servant to make that complaint, and the authority who authorised that public servant may order its withdrawal under Section 215(2) BNSS before the trial in the Court of first instance concludes. Further, Section 215(1)(a)(i) BNSS excludes Section 209 of the Bharatiya Nyaya Sanhita, 2023, on non-appearance in response to a proclamation, so Section 215(1)(a) BNSS does not require a complaint in writing of the public servant concerned for that offence.

FAQs: CrPC 195 to BNSS 215

How did the rule on who may file a complaint for contempt of a public servant's lawful authority change between Section 195 CrPC and Section 215 BNSS?▼

Section 195(1)(a)(iii) of the Code of Criminal Procedure, 1973 allowed a Court to take cognizance only on the complaint in writing of the public servant concerned or of some other public servant to whom he was administratively subordinate. Section 215(1)(a)(iii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains both of those categories and adds a third category, permitting the complaint in writing to be made by some other public servant who is authorised by the concerned public servant to do so.

What changed regarding the withdrawal of a complaint under Section 215(2) BNSS compared to Section 195(2) CrPC?▼

Under Section 195(2) CrPC, where a public servant made a complaint under Section 195(1)(a) CrPC, only an authority to which he was administratively subordinate could order its withdrawal. Section 215(2) BNSS extends this rule to complaints made by a public servant authorised by him, and allows either an administratively superior authority or the authorising public servant to order the withdrawal. In both provisions, the proviso bars withdrawal if the trial in the Court of first instance has been concluded.

Did the rules for Court complaints under Section 195(1)(b) CrPC change in Section 215(1)(b) BNSS?▼

The requirement in Section 215(1)(b) BNSS that cognizance can be taken only on the complaint in writing of that Court, an officer of that Court authorised in writing, or a superior Court is unchanged from Section 195(1)(b) CrPC. In a change of form, Section 215(1)(b) BNSS replaces the Indian Penal Code section numbers with the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023. Similarly, Section 215(3) BNSS omits the word Provincial in a change of form, while Section 215(4) BNSS is unchanged.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·