Section 379 BNSS: Procedure in cases mentioned in section 215

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 379 BNSS at a Glance

Section 379 BNSS deals with procedure in cases mentioned in section 215. It replaced Section 340 CrPC on 1 July 2024.

Was CrPC

Section 340 →

Section 379 BNSS Bare Act Text

(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.

Source: Section 379, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 379 BNSS in Simple Words

Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the procedure a Court follows when an offence referred to in Section 215(1)(b) BNSS appears to have been committed in or in relation to a proceeding in that Court, or in respect of a document produced or given in evidence in a proceeding in that Court.

Acting on an application or otherwise, if the Court is of opinion that an inquiry is expedient in the interests of justice, it may hold any preliminary inquiry it thinks necessary, record a finding, and send a signed written complaint to a Magistrate of the first class having jurisdiction.

When Section 379 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 379 BNSS

During a proceeding in a Court, Vikram produces a document in evidence. Meera files an application under Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 stating that an offence referred to in Section 215(1)(b) BNSS appears to have been committed in respect of that document. The Court is of opinion that it is expedient in the interests of justice that an inquiry should be made. After such preliminary inquiry as it thinks necessary, under Section 379(1) BNSS the Court records a finding, makes a written complaint signed by its presiding officer under Section 379(3)(b) BNSS, sends it to a Magistrate of the first class having jurisdiction, and takes sufficient security for the appearance of Vikram.

When Section 379 BNSS Does Not Apply

  • Section 379(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the alleged offence is not an offence referred to in Section 215(1)(b) BNSS.
  • Section 379(1) BNSS does not apply when the offence does not appear to have been committed in or in relation to a proceeding in that Court, or in respect of a document produced or given in evidence in a proceeding in that Court.
  • A Court does not proceed under Section 379(1) BNSS when it is not of opinion that it is expedient in the interests of justice that an inquiry should be made into the offence.
  • A superior Court cannot exercise power under Section 379(2) BNSS where the subordinate Court has already made a complaint under Section 379(1) BNSS in respect of that offence or has rejected an application for making such complaint.

Section 379 BNSS in the CrPC (Previous Law)

Section 379 BNSS replaced Section 340 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 379 BNSS

What steps may a Court take under Section 379(1) BNSS after forming its opinion?▼

When a Court is of opinion under Section 379(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 that an inquiry is expedient in the interests of justice, it may hold any preliminary inquiry it thinks necessary. Under Section 379(1)(a) BNSS to Section 379(1)(e) BNSS, the Court may record a finding, make a written complaint, send it to a Magistrate of the first class having jurisdiction, take sufficient security for the appearance of the accused or, where the alleged offence is non-bailable and the Court thinks it necessary, send the accused in custody, and bind over any person to appear and give evidence.

When may a Court send the accused in custody to the Magistrate under Section 379(1)(d) BNSS?▼

Section 379(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court making a complaint under Section 379(1) BNSS to take sufficient security for the appearance of the accused before the Magistrate of the first class having jurisdiction. The Court may instead send the accused in custody to that Magistrate only if the alleged offence is non-bailable and the Court thinks it necessary so to do.

Who is required to sign a complaint made by a Court under Section 379(3) BNSS?▼

A complaint made under Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be signed as required by Section 379(3) BNSS. Where the Court making the complaint is a High Court, Section 379(3)(a) BNSS states that it shall be signed by such officer of the Court as the Court may appoint. In any other case, Section 379(3)(b) BNSS states that the presiding officer or an officer authorised in writing by the Court shall sign it.

What changed from Section 340 CrPC to Section 379 BNSS from 1 July 2024?▼

From 1 July 2024, Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 340 of the Code of Criminal Procedure, 1973 with no change in the legal rule. The only changes are of form, namely the renumbering of the provision as Section 379 BNSS, the updated cross-references to Section 215 BNSS, Section 215(1)(b) BNSS, and Section 215(4) BNSS in place of the earlier cross-references, and the lowercase word justice in Section 379(1) BNSS.

Section 379 BNSS: Sub-sections Explained

Section 379(1) BNSS: Procedure in cases mentioned in section 195

▶

Bare Act Text

(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.

Previous Law

CrPC 340 → Section 379(1) BNSS

Section 379(2) BNSS: Procedure in cases mentioned in section 195

▶

Bare Act Text

(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.

Previous Law

CrPC 340(2) → Section 379(2) BNSS

Section 379(3) BNSS: Procedure in cases mentioned in section 195

▶

Bare Act Text

(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.

Previous Law

CrPC 340(3) → Section 379(3) BNSS

Section 379(4) BNSS: Procedure in cases mentioned in section 195

▶

Bare Act Text

(4) In this section, "Court" has the same meaning as in section 215.

Previous Law

CrPC 340(4) → Section 379(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·