Code:
(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.
Explanation:
Section 215 states that no court can take cognizance of certain offenses unless a specific complaint is filed:
- Offenses related to obstructing justice: This includes offenses like giving false evidence, bribing witnesses, or threatening judges (sections 204 to 224 of BNSS, excluding section 207).
- Offenses related to contempt of court: This includes offenses like insulting or interfering with court proceedings, disobeying court orders, and creating disturbances in court (sections 227 to 231, 234, 235, 240 to 246, and 265 of BNSS).
- Offenses related to tampering with evidence: This includes offenses like destroying or concealing evidence, or committing offenses against a person who produces evidence in court (sections 334, 337, 340, and 341 of BNSS).
The complaint for these offenses must be filed by:
- For offenses under (a):
- The public servant concerned.
- A public servant administratively subordinate to the concerned public servant.
- A public servant authorized by the concerned public servant.
- For offenses under (b):
- The Court itself.
- An officer of the Court authorized by the Court.
- A higher Court to which the Court is subordinate.
The section also allows for the withdrawal of complaints filed under clause (a) by the authority to which the public servant is administratively subordinate. However, this withdrawal cannot occur if the trial in the lower court has already been concluded.
Illustration:
Let’s say a witness in a criminal case threatens a judge outside the courtroom to influence the decision. This would fall under the offense of threatening a judicial officer (section 224 of BNSS). The complaint for this offense would need to be filed by the judge, their administrative superior, or another public servant authorized by the judge.
Common Questions and Answers:
- Q: Can anyone file a complaint for an offense under section 215?A: No, only the specific authorities mentioned in the section can file complaints for these offenses.
- Q: Can the Court take cognizance of an offense under section 215 if no complaint is filed?A: No, the Court cannot take cognizance of these offenses without a valid complaint.
- Q: What happens if the complaint is withdrawn?A: The Court will stop further proceedings on the complaint if the withdrawal is ordered by the authorized authority, unless the trial has already been concluded.
