Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 215
This section deals with the **cognizance of offences related to the administration of justice**. It specifies the authority required to initiate legal proceedings for certain offenses committed in or concerning judicial proceedings.
Code:
**Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)**
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.
