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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice

Section 379 BNSS: Procedure in cases mentioned in section 215

Corresponding CrPC
Section 340 CrPC

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where a Court considers it expedient in the interests of justice to inquire into an offence referred to in section 215(1)(b) connected with a proceeding in that Court, it may, after any preliminary inquiry it thinks necessary, record a finding and make a complaint in writing to a Magistrate of the first class. The section sets out the steps and who signs the complaint.

Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice

  1. 379 Procedure in cases mentioned in section 215
  2. 380 Appeal
  3. 381 Power to order costs
  4. 382 Procedure of Magistrate taking cognizance
  5. 383 Summary procedure for trial for giving false evidence
  6. 384 Procedure in certain cases of contempt
  7. 385 Procedure where Court considers that case should not be dealt with under section 384
  8. 386 When Registrar or Sub-Registrar to be deemed a Civil Court
  9. 387 Discharge of offender on submission of apology
  10. 388 Imprisonment or committal of person refusing to answer or produce document
  11. 389 Summary procedure for punishment for non-attendance by a witness in obedience to summons
  12. 390 Appeals from convictions under sections 383, 384, 388 and 389
  13. 391 Certain Judges and Magistrates not to try certain offences when committed before themselves