CrPC 340→BNSS 379

CrPC 340 to BNSS 379: Procedure in cases mentioned in section 195

Section 340 CrPC (1973) replaced by Section 379 BNSS (2023)

View CrPC Section 340 →View BNSS Section 379 →

CrPC 340 to BNSS 379 at a Glance

Section 340 CrPC (Procedure in cases mentioned in section 195) is now Section 379 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 340 to BNSS 379?

Section 340 of the Code of Criminal Procedure, 1973 became Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with changes of form only. The heading and Section 379(1), Section 379(2), and Section 379(4) BNSS replace the cross-references to Section 195, Section 195(1)(b), and Section 195(4) CrPC with the corresponding cross-references to Section 215, Section 215(1)(b), and Section 215(4) BNSS, and Section 379(1) BNSS prints the word Justice in lowercase as justice. The substantive rule across Section 379(1) BNSS to Section 379(4) BNSS is unchanged.

CrPC 340 vs BNSS 379: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section340379
HeadingProcedure in cases mentioned in section 195Procedure in cases mentioned in section 215
Sub-sections4 sub-sectionsSame
Cross-referencess.195s.215

CrPC 340 and BNSS 379: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 340, CrPC 1973

340. Procedure in cases mentioned in section 195.—(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 195, 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 195. (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 195.
BNSS 2023 (in force)

Section 379, BNSS 2023

379. Procedure in cases mentioned in section 215.—(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.

When It Applies: CrPC 340 vs BNSS 379

Under CrPC 340
  1. Any Court, upon an application made to it in this behalf or otherwise under Section 340(1) of the Code of Criminal Procedure, 1973, may act when it is of opinion that it is expedient in the interests of Justice to inquire into a Section 195(1)(b) CrPC offence appearing to be committed in relation to its proceeding or a document produced or given in evidence before it.
  2. After holding such preliminary inquiry, if any, as it thinks necessary under Section 340(1) CrPC, the Court may record a finding, make a written complaint, and send it to a Magistrate of the first class having jurisdiction.
  3. Under Section 340(1)(d) CrPC and Section 340(1)(e) CrPC, the Court may take sufficient security for the appearance of the accused before the Magistrate, send the accused in custody if the alleged offence is non-bailable and the Court thinks it necessary, and bind over any person to appear and give evidence.
  4. Where the Court has neither made a complaint under Section 340(1) CrPC nor rejected an application for making one, the superior Court to which it is subordinate under Section 195(4) CrPC may exercise that power under Section 340(2) CrPC.
  5. Under Section 340(3) CrPC, the complaint shall be signed by an appointed officer of the High Court when made by a High Court, and in any other case by the presiding officer of the Court or an officer authorised by the Court in writing.
Under BNSS 379
  1. Any Court, upon an application made to it in this behalf or otherwise under Section 379(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, may proceed when it is of opinion that it is expedient in the interests of justice to inquire into a Section 215(1)(b) BNSS offence appearing to be committed in relation to its proceeding or a document produced or given in evidence before it.
  2. After conducting such preliminary inquiry, if any, as it thinks necessary under Section 379(1) BNSS, the Court may record a finding to that effect, make a complaint in writing, and send it to a Magistrate of the first class having jurisdiction.
  3. Under Section 379(1)(d) BNSS and Section 379(1)(e) BNSS, the Court may take sufficient security for the appearance of the accused before the Magistrate, send the accused in custody if the alleged offence is non-bailable and the Court thinks it necessary, and bind over any person to appear and give evidence.
  4. Where a Court has neither made a complaint under Section 379(1) BNSS nor rejected an application for making such a complaint, the superior Court to which it is subordinate under Section 215(4) BNSS may exercise that power under Section 379(2) BNSS.
  5. Under Section 379(3) BNSS, the complaint shall be signed by an appointed officer of the High Court when the Court making the complaint is a High Court, and in any other case by the presiding officer of the Court or an officer authorised by the Court in writing.

What CrPC 340 to BNSS 379 Means in Practice

From 1 July 2024, the procedure that stood in Section 340 of the Code of Criminal Procedure, 1973 is found in Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Because the changes are of form only, the legal test of whether an inquiry is expedient in the interests of justice, the preliminary inquiry power, the complaint procedure before a Magistrate of the first class, the superior Court power, and the signing rules remain unchanged.

FAQs: CrPC 340 to BNSS 379

Did Section 379 BNSS change the procedure for a Court complaint that was in Section 340 CrPC?▼

No, the procedure is unchanged. When Section 340 of the Code of Criminal Procedure, 1973 became Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, the only changes made were changes of form. Those changes of form are the renumbering of the section from Section 340 CrPC to Section 379 BNSS, the updated cross-references from Section 195 CrPC to Section 215 BNSS, and the lowercase spelling of justice in Section 379(1) BNSS.

Why does Section 379 BNSS refer to Section 215 BNSS instead of Section 195 CrPC?▼

In the Code of Criminal Procedure, 1973, Section 340 CrPC cross-referred to Section 195(1)(b) CrPC for the relevant offences, to Section 195(4) CrPC for the subordination of Courts, and to Section 195 CrPC for the meaning of Court. In the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding provision is Section 215 BNSS, so Section 379(1), Section 379(2), and Section 379(4) BNSS update those cross-references as a change of form.

Did the rules on who signs a Court complaint or when a superior Court may act change between Section 340 CrPC and Section 379 BNSS?▼

No, both rules are unchanged between the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both Section 340(2) CrPC and Section 379(2) BNSS, the superior Court may act when the subordinate Court has neither made a complaint nor rejected an application. Under both Section 340(3) CrPC and Section 379(3) BNSS, an appointed officer signs for a High Court and the presiding officer or an officer authorised in writing signs for any other Court.

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: 21 Oct 2026 ·