Section 380 of BNSS, 2023 — Appeal

Introduction

Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific right of appeal in cases arising under Section 379.

It applies where a Court other than a High Court:

• refuses, on an application, to make a complaint under Section 379; or
• makes a complaint against a person under Section 379.

The aggrieved person may appeal to the Court to which the original Court is subordinate. The superior Court may, after giving notice to the concerned parties, either direct withdrawal of the complaint or direct that the complaint be made.

Section 380 therefore provides an appellate safeguard against the decision of the original Court under Section 379.

Meaning of Section 380

Section 380 creates a special statutory appeal against specified orders connected with complaints under Section 379.

There are two situations in which an appeal can arise:

1. Refusal to make a complaint — where a person applied to the Court for making a complaint under Section 379 and the Court refused to do so.
2. Complaint made against a person — where the Court itself made a complaint under Section 379 against that person.

The appeal is heard by the Court to which the original Court is subordinate within the meaning of Section 215(4).

Statutory Basis

The principal provision is:

• Section 380, BNSS, 2023 — Appeal

It must 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 379 — Procedure in cases mentioned in Section 215.
• Section 381 — Power to order costs.
• Section 382 — Procedure of Magistrate taking cognizance.

Object and Purpose

The purpose of Section 380 is to provide an appellate remedy against certain decisions made under Section 379.

It serves two important purposes:

• protecting a person whose request for a complaint has been wrongly refused; and
• protecting a person against whom the Court has directed a complaint to be made.

The provision also allows the superior Court to reconsider whether the complaint should proceed.

When Does Section 380 Apply?

Section 380 applies in two principal circumstances.

1. Refusal to Make a Complaint

A person applies to a Court other than a High Court requesting that a complaint be made under Section 379.

If the Court refuses to make the complaint, the applicant may appeal.

2. Complaint Made Against a Person

Where a Court other than a High Court makes a complaint under Section 379 against a person, that person may appeal.

Thus, both sides of the Section 379 process receive a statutory appellate remedy:

• the applicant whose request for a complaint was rejected; and
• the person against whom the complaint was made.

Who Can File the Appeal?

Section 380 recognises two categories of appellants.

Applicant Whose Application Was Refused

A person whose application for making a complaint under Section 379 has been refused may appeal.

Person Against Whom the Complaint Has Been Made

A person against whom a complaint has been made under Section 379 may also appeal.

Where Does the Appeal Lie?

The appeal lies to the Court to which the former Court is subordinate, within the meaning of Section 215(4).

The appeal therefore does not lie to an appellate Court chosen generally by the appellant. The appropriate superior Court is determined according to the statutory relationship contemplated by Section 215(4).

Procedure on Appeal

The superior Court follows the procedure contemplated by Section 380.

Step 1 — Appeal

An eligible person files an appeal against the relevant order under Section 379.

Step 2 — Notice to Parties

The superior Court gives notice to the parties concerned.

This ensures that the affected parties have an opportunity to be heard before the superior Court makes its decision.

Step 3 — Consideration by Superior Court

After hearing the concerned parties, the superior Court may consider whether the complaint should continue or whether a complaint should be made.

Step 4 — Withdrawal or Making of Complaint

The superior Court may:

• direct the withdrawal of the complaint; or
• direct the making of the complaint which the former Court might have made under Section 379.

If the superior Court itself makes the complaint, the provisions of Section 379 apply accordingly.

Powers of the Superior Court

The superior Court has two principal powers under Section 380(1).

Power to Direct Withdrawal

Where a complaint has already been made, the superior Court may direct that the complaint be withdrawn.

Power to Direct Making of Complaint

Where the original Court refused to make a complaint, the superior Court may direct that the complaint be made if it considers that the statutory requirements are satisfied.

If the superior Court makes such a complaint, the procedure under Section 379 applies accordingly.

Section 380(2) — Finality of Orders

Section 380(2) provides that:

• an order made under Section 380 is final; and
• subject to such order, an order made under Section 379 is also final.

Such orders are not subject to revision.

This is an important feature of the provision.

The statute therefore provides a specific appellate mechanism and then expressly excludes revision against the relevant orders.

Important Distinctions

Appeal under Section 380 vs Revision

Section 380 expressly provides an appeal against specified orders under Section 379.

At the same time, Section 380(2) provides that the relevant orders are not subject to revision.

Therefore, where Section 380 applies, the statutory appeal is the prescribed remedy and revision is expressly excluded.

Section 379 vs Section 380

Section 379 deals with the procedure followed by the Court when deciding whether to make a complaint concerning specified offences.

Section 380 provides an appellate remedy against specified decisions made under Section 379.

Refusal to Make Complaint vs Complaint Made

Both situations can give rise to an appeal.

• If the Court refuses an application for making a complaint, the applicant may appeal.
• If the Court makes a complaint against a person, the person against whom the complaint is made may appeal.

Example 1 — Refusal to Make Complaint

A person applies to a Court alleging that an offence covered by Section 215 has been committed in relation to a judicial proceeding and requests the Court to make a complaint under Section 379.

The Court refuses to make the complaint.

The applicant may appeal under Section 380 to the Court to which the original Court is subordinate.

After notice to the concerned parties, the superior Court may direct that the complaint be made if the statutory requirements are satisfied.

Example 2 — Complaint Made Against a Person

A Court makes a complaint under Section 379 against a person for an alleged offence connected with a judicial proceeding.

The person against whom the complaint has been made may appeal under Section 380.

The superior Court may, after notice to the parties, direct withdrawal of the complaint if appropriate.

BNSS and CrPC

Section 380 of BNSS corresponds to Section 341 of the Code of Criminal Procedure, 1973.

The substantive mechanism has been substantially retained.

The principal change is the renumbering of the provisions:

• Section 341 CrPC → Section 380 BNSS
• Section 340 CrPC → Section 379 BNSS
• Section 195 CrPC → Section 215 BNSS

The substance of Section 380 remains essentially the same as the corresponding CrPC provision.

Relationship with Section 379

Section 380 cannot be understood independently of Section 379.

Section 379 establishes the procedure for making a complaint concerning the offences covered by Section 215.

Section 380 then provides an appellate remedy against:

• refusal to make such a complaint; or
• making such a complaint against a person.

Therefore, the two provisions operate as a connected procedural scheme.

Important BNSS Provisions

Section 215

Establishes the statutory restriction concerning cognizance of specified offences affecting public justice and documents connected with judicial proceedings.

Section 379

Provides the procedure for making the complaint in the circumstances covered by Section 215.

Section 380

Provides the special appellate remedy against specified decisions under Section 379.

Section 381

Deals with the power to order costs.

Section 382

Provides the procedure to be followed by the Magistrate taking cognizance in such cases.

Case Law

M.S. Ahlawat v. State of Haryana

The Supreme Court considered the statutory framework corresponding to Sections 379 and 380 BNSS under the CrPC.

The case is relevant to understanding the special nature of the procedure for prosecution of offences affecting the administration of justice and the role of the Court in initiating such proceedings.

Iqbal Singh Marwah v. Meenakshi Marwah

The Supreme Court examined the statutory scheme corresponding to Section 215 BNSS and the connected procedure under the CrPC.

The decision is relevant when considering the circumstances in which the special statutory procedure for offences relating to documents produced or given in evidence is attracted.

These decisions were rendered under the CrPC. They remain relevant where the corresponding BNSS provisions substantially continue the earlier statutory framework.

Common Confusions

Can every order under Section 379 be appealed?

No.

Section 380 specifically provides an appeal where:

• a Court other than a High Court refuses an application to make a complaint under Section 379; or
• such a Court makes a complaint against a person.

Can a High Court’s order under Section 379 be appealed under Section 380?

No.

Section 380(1) specifically refers to a Court other than a High Court.

Can the order be challenged by revision?

No.

Section 380(2) expressly provides that an order under Section 380 and, subject to such order, an order under Section 379, shall not be subject to revision.

Who can appeal when the Court refuses to make a complaint?

The person whose application for making the complaint was refused may appeal.

Who can appeal when a complaint has been made?

The person against whom the complaint has been made may appeal.

What can the superior Court do?

After notice to the concerned parties, it may:

• direct withdrawal of the complaint; or
• direct that the complaint be made.

If it makes the complaint, Section 379 applies accordingly.

Topic at a Glance

• Topic: Appeal
• BNSS Section: Section 380
• Connected provision: Section 379
• Appeal available to: Applicant whose request for complaint was refused, or person against whom complaint was made
• Original Court: Court other than a High Court
• Appellate Court: Court to which the original Court is subordinate within the meaning of Section 215(4)
• Notice: Must be given to the concerned parties
• Superior Court’s powers: Withdraw complaint or direct making of complaint
• If superior Court makes complaint: Section 379 applies
• Finality: Order under Section 380 is final
• Revision: Specifically excluded
• Corresponding CrPC provision: Section 341
• BNSS change: Substantive mechanism substantially retained

Quick Revision

• Section 380 BNSS deals with appeal in cases arising under Section 379.
• It provides a special statutory appellate remedy.
• An applicant can appeal when a Court other than a High Court refuses to make a complaint under Section 379.
• A person against whom a complaint has been made under Section 379 can also appeal.
• The appeal lies to the Court to which the original Court is subordinate within the meaning of Section 215(4).
• The superior Court must give notice to the concerned parties.
• It may direct withdrawal of the complaint.
• It may also direct making of the complaint which the original Court could have made under Section 379.
• If the superior Court makes the complaint, Section 379 applies accordingly.
• An order under Section 380 is final.
• An order under Section 379, subject to an order under Section 380, is also final.
• Such orders are not subject to revision.
• Section 380 BNSS corresponds to Section 341 CrPC.
• The substantive provision has been substantially retained under BNSS.

ALSO READ: Section 379 – Procedure in cases mentioned in section 215

Conclusion

Section 380 of the BNSS provides an important safeguard in proceedings under Section 379. It allows an applicant to challenge the refusal of a Court to make a complaint and allows a person against whom a complaint has been made to challenge that decision. The superior Court, after giving notice to the concerned parties, may direct withdrawal of the complaint or direct that a complaint be made. The provision also gives finality to the relevant orders and expressly excludes revision.