Section 215 BNSS: Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence (Formerly Section 195 CrPC)

Section 215 of Bharatiya Nagarik Suraksha Sanhita, 2023: Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

(2) Where a complaint has been made by a public servant or by some other public servant who has been authorised to do so by him under clause (a) of sub-section (1), any authority to which he is administratively subordinate or who has authorised such public servant, may, order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint:

Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate:

Provided that —

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Complaint Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 215

Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enacts the absolute statutory bar against taking cognizance of contempts of lawful authority of public servants, offences against public justice, and offences relating to documents given in evidence, except on the written complaint of the public servant or court concerned (replacing Section 195 CrPC).

Three Statutory Bars: Applies to: (1) Section 206-223 BNS (public servant contempt); (2) Section 229-238 BNS (false evidence/perjury in court); and (3) Section 336-340 BNS (forgery of documents in court custody).
Mandatory Written Complaint: Cognizance barred unless initiated upon a formal written complaint signed by the public servant or the presiding judge / authorised court officer.
Prohibition of Direct Police FIR: Private citizens or police cannot directly register FIRs or initiate charge sheets for these offences.

Key Landmark Precedents:

Iqbal Singh Marwah v. Meenakshi Marwah (2005) 4 SCC 370: The 5-Judge Constitution Bench held that the bar under Section 195(1)(b)(ii) CrPC (Section 215(1)(b)(ii) BNSS) applies only when forgery/fabrication is committed in respect of a document after it has been produced in court custody (in custodia legis); if the forgery was committed prior to filing, a private complaint or police FIR is fully maintainable.
Sachida Nand Singh v. State of Bihar (1998) 2 SCC 493: Settled that pre-existing forgeries do not attract the statutory bar, protecting citizens from having their criminal remedies stifled.
C. Muniappan v. State of Tamil Nadu (2010) 9 SCC 552: The Supreme Court held that non-compliance with the written complaint requirement under Section 195 CrPC vitiates the entire prosecution ab initio, as the bar is jurisdictional.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin defense under *C. Muniappan* and *Iqbal Singh Marwah*: If the police registered an FIR under Section 223 BNS (disobedience to public servant order) or Section 229 BNS (perjury in court) without a written complaint by the public servant or judge, move immediately for quashing under Section 528 BNSS. The bar is absolute and incurable.