(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.
Bharatiya Nagarik Suraksha Sanhita
Section 379
Procedure in cases mentioned in section 215
⚡ Quick Answer Reference: Section 379 BNSS
- Provision: Section 379 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: This section explains how a court can start an investigation into a crime that happened during a court case or involved a document used in a court case. The court can record a finding, make a complaint, and send it to a magistrate for further action.
What does Section 379 of BNSS say?
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What does Section 379 of BNSS mean?
Plain English Explanation
This section explains how a court can start an investigation into a crime that happened during a court case or involved a document used in a court case. The court can record a finding, make a complaint, and send it to a magistrate for further action.
Practical Interpretation
In real practice, this section is used when a court suspects a crime has been committed during a court case or involved a document used in a court case. The court will conduct a preliminary inquiry and then take further action, such as sending the case to a magistrate or taking security from the accused.
Core Legal Purpose
The core purpose of this section is to provide a procedure for courts to investigate and take action on crimes committed during court cases or involving court documents. This helps to ensure justice is served and maintains the integrity of the court process.
- •The court must be of the opinion that it is expedient to investigate the crime.
- •The crime must have been committed during a court case or involved a document used in a court case.
- •The court must conduct a preliminary inquiry before taking further action.
- •The court cannot take action if it has already made a complaint or rejected an application for a complaint.
Practical Example of Section 379 BNSS
Rajesh, a lawyer, is accused of tampering with evidence in a court case. The court where the case is being heard suspects that Rajesh committed the crime. The court conducts a preliminary inquiry and finds that there is enough evidence to proceed. The court records a finding, makes a complaint, and sends it to a magistrate for further action. The magistrate then takes Rajesh into custody and starts a new investigation.
Frequently Asked Questions about Section 379 BNSS
Q: What is the punishment or consequence under Section 379 of BNSS?
The punishment for tampering with evidence or committing a crime during a court case can range from imprisonment to fines, depending on the severity of the crime. The court will determine the punishment based on the evidence presented.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. Anyone who commits a crime during a court case or involves a court document can be investigated and prosecuted under this section.
Q: Is an offence under this section bailable or cognizable?
An offence under this section is cognizable, meaning that a police officer can arrest the accused without a warrant. However, the accused may be released on bail if they meet the bail conditions.
Common Questions about Section 379 BNSS
What is Section 379 of BNSS?
Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in cases mentioned in section 215". In plain terms: This section explains how a court can start an investigation into a crime that happened during a court case or involved a document used in a court case. The court can record a finding, make a complaint, and send it to a magistrate for further action.
What is the punishment under Section 379 of BNSS?
Section 379 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 379 of BNSS bailable or non-bailable?
Section 379 of BNSS is generally a Bailable offence (or bail is frequently granted depending on severity).
What are the elements of Section 379 of BNSS?
The essential elements of Section 379 of BNSS are: The court must be of the opinion that it is expedient to investigate the crime.; The crime must have been committed during a court case or involved a document used in a court case.; The court must conduct a preliminary inquiry before taking further action..
Landmark Judgments under Section 379 BNSS
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Sections commonly cited alongside Section 379
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