Section 379 BNSS: Procedure in cases mentioned in section 215 (Formerly Section 340 CrPC)

Section 379 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure in cases mentioned in section 215

Official Bare Act Text

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

(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.

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 379

Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 340 of the CrPC, 1973) establishes the mandatory judicial procedure for initiating prosecution for perjury, fabrication of false evidence, and offences against public justice mentioned in Section 215(1)(b).

Preliminary Inquiry Threshold: When upon application or otherwise, the Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into an offence referred to in Section 215(1)(b).
Judicial Finding of Expediency: The Court must record a specific finding that initiating prosecution is expedient in the interests of justice; prosecution cannot be initiated out of private spite or trivial discrepancies.
Form of Complaint: The Court makes a formal complaint in writing, sends it to a Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused.
Applicability to Documents Produced in Court: Restricted to offences committed in, or in relation to, a proceeding in that Court.

Key Landmark Precedents:

Iqbal Singh Marwah v. Meenakshi Marwah, (2005) 4 SCC 370: The Constitution Bench settled that Section 195(1)(b) and Section 340 CrPC (Section 379 BNSS) apply only to forged documents fabricated after being produced or admitted in evidence in court, not to documents forged outside court prior to filing.
Sachida Nand Singh v. State of Bihar, (1998) 2 SCC 493: Held that the bar on private complaints applies strictly to custodial forgeries committed while the document is in custodia societatis.
Pritish v. State of Maharashtra, (2002) 1 SCC 253: The Supreme Court held that holding a preliminary inquiry under Section 340 CrPC is not mandatory; the court need only form an opinion that it is expedient in the interests of justice to file a complaint.

Courtroom Practice & Strategic Litigation Guidance:

When moving an application under Section 379 against an opposing party for false affidavits or forged exhibits, demonstrate not merely that the statement was false, but that prosecution is expedient in the interests of justice and affects public administration.