Section 379 of BNSS, 2023 — Procedure in Cases Mentioned in Section 215

Introduction

Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure to be followed when a Court considers it expedient in the interests of justice to inquire into certain offences affecting the administration of justice.

The provision is closely connected with Section 215 of BNSS. Section 215 places restrictions on the cognizance of specified offences relating to the administration of justice, while Section 379 provides the mechanism through which the concerned Court can initiate the prosecution by making a written complaint.

The provision ensures that prosecution for such offences is not initiated casually or through an ordinary private complaint where the law requires a complaint by the concerned Court.

Meaning of Section 379

Section 379 provides a procedure for dealing with offences referred to in Section 215(1)(b), where such offence appears to have been committed:

• in or in relation to a proceeding in a Court; or
• in respect of a document produced or given in evidence in a proceeding in that Court.

Where the Court considers that an inquiry into the offence is expedient in the interests of justice, it may conduct a preliminary inquiry, make a finding, prepare a written complaint and send it to the competent Magistrate.

Statutory Basis

The principal provision is:

• Section 379, BNSS, 2023 — Procedure in cases mentioned in Section 215.

The provision should be read with:

• Section 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 380 — Appeal.
• Section 381 — Power to order costs.
• Section 382 — Procedure of Magistrate taking cognizance.
• Section 383 — Summary procedure for trial for giving false evidence.

Object and Purpose

The principal objectives of Section 379 are:

• to prevent frivolous prosecution for offences connected with judicial proceedings;
• to ensure that the Court first considers whether prosecution is necessary in the interests of justice;
• to provide a formal mechanism for making a complaint;
• to place the matter before the competent Magistrate; and
• to protect the integrity of judicial proceedings.

The provision therefore gives the Court a controlled role in initiating prosecution for specified offences affecting the administration of justice.

When Does Section 379 Apply?

Section 379 applies where:

1. an application is made to the Court or the Court acts otherwise;
2. the Court forms an opinion that an inquiry into the alleged offence is expedient in the interests of justice;
3. the alleged offence is one referred to in Section 215(1)(b); and
4. the offence 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 such proceeding.

Procedure under Section 379

Step 1 — Application or Action by the Court

The matter may come before the Court:

• on an application made to it; or
• otherwise, on the Court’s own consideration.

Therefore, the Court does not necessarily require a private application before considering the matter.

Step 2 — Formation of Opinion

The Court must be of the opinion that an inquiry into the alleged offence is expedient in the interests of justice.

This is the central requirement under Section 379.

The Court is not merely required to determine whether an offence appears to have been committed. It must also consider whether initiating an inquiry is justified in the interests of justice.

Step 3 — Preliminary Inquiry

The Court may conduct such preliminary inquiry, if any, as it thinks necessary.

Therefore, a preliminary inquiry is not mandatory in every case.

The Court has discretion to determine whether such inquiry is necessary before proceeding further.

Step 4 — Recording of Finding

If the Court decides that an inquiry should be made, it records a finding to that effect.

Step 5 — Making of Written Complaint

The Court then makes a complaint in writing regarding the alleged offence.

Step 6 — Sending the Complaint to the Magistrate

The written complaint is sent to a Magistrate of the first class having jurisdiction.

This transfers the matter to the Magistrate competent to deal with the criminal proceeding.

Step 7 — Securing the Appearance of the Accused

The Court may take sufficient security for the appearance of the accused before the Magistrate.

Where the alleged offence is non-bailable and the Court considers it necessary, it may send the accused in custody to the Magistrate.

Step 8 — Securing the Attendance of Witnesses

The Court may bind over any person to appear and give evidence before the Magistrate.

This facilitates the subsequent criminal proceeding before the competent Magistrate.

Powers of the Court

Under Section 379, the Court may:

• conduct a preliminary inquiry if it considers one necessary;
• record a finding that an inquiry should be made;
• make a written complaint;
• send the complaint to a Magistrate of the first class having jurisdiction;
• take security for the appearance of the accused;
• send the accused in custody where the statutory conditions relating to a non-bailable offence are satisfied; and
• bind over persons to appear and give evidence before the Magistrate.

Section 379(2) — Power of the Superior Court

Section 379(2) provides an additional mechanism where the original Court has not acted upon the matter.

Where the Court which is subordinate to another Court:

• has neither made a complaint under Section 379(1); nor
• rejected an application for making such complaint,

the Court to which the original Court is subordinate may exercise the power under Section 379(1), subject to the conditions specified in the provision.

This provides a safeguard against complete inaction where the statutory circumstances justify further consideration.

Section 379(3) — Signing of the Complaint

Section 379(3) specifies who may sign the complaint.

Where the complaint is made by a High Court

The complaint must be signed by an officer of the High Court appointed by the High Court for this purpose.

In any other case

The complaint must be signed by:

• the presiding officer of the Court; or
• an officer of the Court authorised in writing by the presiding officer.

Thus, the complaint must be properly authenticated by the authority specified in the provision.

Section 379(4) — Meaning of “Court”

For the purposes of Section 379, the expression “Court” has the same meaning as in Section 215.

Therefore, Section 379 must be read together with Section 215 to determine the scope of the term “Court”.

Preliminary Inquiry under Section 379

The preliminary inquiry contemplated by Section 379 is different from the actual criminal trial.

Its purpose is to assist the Court in determining whether it is expedient in the interests of justice to initiate the complaint procedure.

The Court is not conducting the final criminal trial at this stage.

The determination of guilt or innocence is made in the subsequent criminal proceeding before the competent Magistrate.

Complaint under Section 379

The complaint contemplated by Section 379 is a special statutory complaint.

It is different from an ordinary private complaint.

The special procedure exists because Section 215 restricts cognizance of specified offences and requires a complaint by the concerned Court or authorised officer in the circumstances mentioned there.

Important Distinctions

Section 379 vs Ordinary Private Complaint

An ordinary private complaint may generally be initiated by a person having the required standing under criminal procedure.

A complaint under Section 379 is different because it arises from a special statutory mechanism connected with offences affecting the administration of justice.

Preliminary Inquiry vs Criminal Trial

A preliminary inquiry under Section 379 is only for determining whether the complaint procedure should be initiated.

It does not determine the ultimate guilt of the accused.

Court’s Finding vs Conviction

The finding recorded by the Court under Section 379 that an inquiry should be made is not a finding of guilt.

The accused must still face the appropriate criminal proceedings before the competent Magistrate.

Section 215 vs Section 379

Section 215 establishes the restriction concerning cognizance of specified offences.

Section 379 provides the procedure through which the required Court complaint is made.

Example

Suppose a person knowingly produces a forged document as evidence during a judicial proceeding.

The Court believes that an offence covered by Section 215(1)(b) may have been committed.

The Court may consider, on an application or otherwise, whether an inquiry is expedient in the interests of justice.

If it decides to proceed, the Court may:

1. conduct a preliminary inquiry if necessary;
2. record its finding;
3. make a written complaint;
4. send the complaint to the Magistrate of the first class having jurisdiction;
5. secure the appearance of the accused; and
6. require relevant persons to appear and give evidence.

The subsequent criminal proceedings are then dealt with by the competent Magistrate.

BNSS and CrPC

Section 379 of BNSS corresponds to Section 340 of the Code of Criminal Procedure, 1973.

The corresponding CrPC provision was titled “Procedure in cases mentioned in section 195”.

Under BNSS, the corresponding provision is Section 379, while the relevant restriction on cognizance is contained in Section 215.

The basic procedural framework has substantially continued from the CrPC, with the corresponding provisions being renumbered under BNSS.

Important BNSS Provisions

Section 215

Provides the restriction on cognizance of specified offences relating to the administration of justice and documents produced or given in evidence.

Section 379

Provides the procedure for making the required complaint and sending it to the competent Magistrate.

Section 380

Deals with appeal in cases arising under the relevant provisions.

Section 381

Deals with the power to order costs.

Section 382

Provides the procedure for a Magistrate taking cognizance in such cases.

Section 383

Provides a summary procedure for trial for giving false evidence.

Common Confusions

Is a preliminary inquiry compulsory in every case?

No.

The Court may conduct such preliminary inquiry, if any, as it thinks necessary.

Can the Court act without an application?

Yes.

Section 379 permits the Court to act on an application or otherwise.

Does the Court decide the accused’s guilt under Section 379?

No.

The Court decides whether the statutory complaint procedure should be initiated. The criminal liability of the accused is determined in the subsequent proceedings.

Who receives the complaint?

The complaint is sent to a Magistrate of the first class having jurisdiction.

Can the accused be sent to custody?

Yes, in the circumstances specified by the provision.

Where the alleged offence is non-bailable and the Court considers it necessary, it may send the accused in custody to the Magistrate.

Can the superior Court exercise the power?

Yes.

Section 379(2) permits the Court to which the original Court is subordinate to exercise the relevant power where the conditions specified in that subsection are satisfied.

Case Law

M.S. Ahlawat v. State of Haryana

The Supreme Court considered the statutory scheme corresponding to the present Section 379 and emphasised the special nature of the procedure for prosecution of offences affecting the administration of justice.

The decision remains relevant for understanding the procedural safeguards governing such prosecutions.

Iqbal Singh Marwah v. Meenakshi Marwah

The Supreme Court examined the statutory scheme concerning offences relating to documents produced or given in evidence and the requirement of a complaint by the Court in the circumstances covered by the corresponding CrPC provision.

The decision is relevant to understanding the relationship between the restriction on cognizance and the Court’s power to initiate the statutory complaint procedure.

Constitutional Connection

Section 379 supports the fair administration of criminal justice by preventing prosecutions for specified offences connected with judicial proceedings from being initiated without the statutory safeguards.

The requirement that the Court consider whether an inquiry is expedient in the interests of justice provides an important judicial filter before the criminal process is set in motion.

Topic at a Glance

• Topic: Procedure in cases mentioned in Section 215
• BNSS Section: Section 379
• Relevant provision: Section 215
• Purpose: Procedure for initiating prosecution for specified offences affecting the administration of justice
• Trigger: Court considers an inquiry expedient in the interests of justice
• Preliminary inquiry: Discretionary
• Complaint: Must be in writing
• Receiving authority: Magistrate of the first class having jurisdiction
• Accused: Security may be taken for appearance
• Custody: Possible in specified non-bailable cases
• Witnesses: Persons may be bound over to appear and give evidence
• Superior Court: May exercise the power in circumstances specified in Section 379(2)
• Complaint signing: Governed by Section 379(3)
• Meaning of Court: Determined with reference to Section 215
• Corresponding CrPC provision: Section 340

Quick Revision

• Section 379 BNSS deals with the procedure in cases mentioned in Section 215.
• It concerns specified offences affecting the administration of justice.
• The Court may act on an application or otherwise.
• The Court must consider an inquiry expedient in the interests of justice.
• A preliminary inquiry may be conducted if the Court thinks necessary.
• The Court records a finding that an inquiry should be made.
• The Court makes a written complaint.
• The complaint is sent to a Magistrate of the first class having jurisdiction.
• The Court may take security for the accused’s appearance.
• In specified non-bailable cases, the accused may be sent in custody.
• Persons may be bound over to appear and give evidence before the Magistrate.
• The superior Court may exercise the power in the circumstances specified in Section 379(2).
• Section 379(3) specifies who must sign the complaint.
• Section 379(4) adopts the meaning of “Court” from Section 215.
• Section 379 BNSS corresponds to Section 340 CrPC.
• Section 215 BNSS corresponds to Section 195 CrPC.

ALSO READ: Section 378 – Delivery of person of unsound mind to care of relative or friend

Conclusion

Section 379 of the BNSS creates a controlled judicial mechanism for initiating proceedings concerning specified offences affecting the administration of justice. The Court must consider whether an inquiry is expedient in the interests of justice before making the statutory complaint. Once the complaint is made, the matter is placed before the competent Magistrate, ensuring that prosecution proceeds through the prescribed legal process rather than through an unrestricted private complaint.