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

Section 215 BNSS Bare Act Text

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.

Source: Section 215, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 215 BNSS in Simple Words

When Section 215 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 215 BNSS

When Section 215 BNSS Does Not Apply

• The requirement of a complaint in writing under Section 215(1)(a)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply to an offence punishable under Section 209 of the Bharatiya Nyaya Sanhita, 2023, which is expressly excluded from the range of Sections 206 to 223.
• The bar on taking cognizance under Section 215(1)(b)(i) BNSS does not apply when an offence punishable under Sections 229 to 233, both inclusive, 236, 237, 242 to 248, both inclusive, or 267 of the Bharatiya Nyaya Sanhita, 2023 is not alleged to have been committed in, or in relation to, any proceeding in any Court.
• The bar on taking cognizance under Section 215(1)(b)(ii) BNSS does not apply when an offence described in Section 336(1) or punishable under Section 340(2) or Section 342 of the Bharatiya Nyaya Sanhita, 2023 is not alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court.
• The power to order withdrawal of a complaint under Section 215(2) BNSS does not apply if the trial in the Court of first instance has been concluded.

Section 215 BNSS in the CrPC (Previous Law)

FAQs on Section 215 BNSS

Sections Related to Section 215 BNSS