justice and for offences relating to documents given in evidence.—(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.
Bharatiya Nagarik Suraksha Sanhita
Section 215
Prosecution for contempt of lawful authority of public servants, for offences against public
⚡ Quick Answer Reference: Section 215 BNSS
- Provision: Section 215 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: This section says that a court cannot take action against someone for certain crimes, like contempt of public servants or crimes against public justice, unless a specific public servant or the court itself files a complaint. This applies to crimes committed in court proceedings or related to documents used in court.
What does Section 215 of BNSS say?
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What does Section 215 of BNSS mean?
Plain English Explanation
This section says that a court cannot take action against someone for certain crimes, like contempt of public servants or crimes against public justice, unless a specific public servant or the court itself files a complaint. This applies to crimes committed in court proceedings or related to documents used in court.
Practical Interpretation
In real practice, this section means that a court will not take action against someone for these crimes unless the public servant involved or the court itself decides to pursue the case. This can be a complex process, and the court may need to consider the specific circumstances of the case.
Core Legal Purpose
The core purpose of this section is to protect public servants and the integrity of court proceedings by requiring a specific complaint or authorization before taking action against someone for these crimes.
- •The crime must be one of those listed in sections 206 to 223 of the Bharatiya Nyaya Sanhita, 2023, or sections 229 to 233, 236, 237, 242 to 248, and 267.
- •The crime must have been committed in or in relation to a court proceeding, or in respect of a document produced or given in evidence in a court proceeding.
- •The complaint must be in writing and must be filed by the public servant concerned, a public servant to whom they are administratively subordinate, or another public servant authorized by the concerned public servant.
- •The complaint must be filed by the court itself or by an officer authorized by the court.
Practical Example of Section 215 BNSS
Rajesh, a public servant, is accused of contempt of court for refusing to produce a document in a court proceeding. However, the complaint must be filed by the court itself or by an officer authorized by the court. If the court does not file a complaint, Rajesh cannot be prosecuted for this crime. Similarly, if Priya, a private individual, is accused of a crime against public justice, she cannot be prosecuted unless the public servant involved or the court itself files a complaint.
Frequently Asked Questions about Section 215 BNSS
Q: What is the punishment or consequence under Section 215 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of violating this section will depend on the underlying crime and the applicable laws.
Q: Does this section apply to private individuals or public entities?
This section applies to both public servants and private individuals who commit crimes against public justice or contempt of public servants.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether the offence is bailable or cognizable. The classification of the offence will depend on the underlying crime and the applicable laws.
Common Questions about Section 215 BNSS
What is Section 215 of BNSS?
Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Prosecution for contempt of lawful authority of public servants, for offences against public". In plain terms: This section says that a court cannot take action against someone for certain crimes, like contempt of public servants or crimes against public justice, unless a specific public servant or the court itself files a complaint. This applies to crimes committed in court proceedings or related to documents used in court.
What is the punishment under Section 215 of BNSS?
Section 215 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 215 of BNSS bailable or non-bailable?
Whether Section 215 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 215 of BNSS?
The essential elements of Section 215 of BNSS are: The crime must be one of those listed in sections 206 to 223 of the Bharatiya Nyaya Sanhita, 2023, or sections 229 to 233, 236, 237, 242 to 248, and 267.; The crime must have been committed in or in relation to a court proceeding, or in respect of a document produced or given in evidence in a court proceeding.; The complaint must be in writing and must be filed by the public servant concerned, a public servant to whom they are administratively subordinate, or another public servant authorized by the concerned public servant..
Landmark Judgments under Section 215 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 215
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