Section 215 BNSS: Prosecution for Contempt of Lawful Authority, Public Justice and Evidence-Related Offences
Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 restricts courts from taking cognizance of specified offences unless the complaint is made in writing by the public servant, Court, authorized officer or other authority identified in the section. It protects the statutory process for offences affecting public administration, public justice, court proceedings and documents produced or given in evidence.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions came into force on July 1, 2024, subject to the notified exception concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Text of Section 215 BNSS
215. Prosecution for contempt of lawful authority of public servants, for offences against public 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.
(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.
Purpose and scope of Section 215
Section 215 creates a statutory bar on cognizance in specified cases. The Court cannot ordinarily take cognizance merely on a private complaint where the section requires a written complaint from a designated public servant, Court or authorized officer. The object is to ensure that prosecution for specified offences affecting public administration or judicial proceedings is initiated through the authority directly concerned with the alleged misconduct.
Section 215(1)(a): Complaints concerning public servants
Clause (a) applies to offences punishable under Sections 206 to 223 BNS, excluding Section 209, together with abetment, attempt and criminal conspiracy relating to those offences. Cognizance is barred unless there is a complaint in writing from one of the persons authorized by the clause.
- The public servant concerned may make the written complaint.
- A public servant to whom that public servant is administratively subordinate may make it.
- Another public servant authorized by the concerned public servant may also make it.
- The statutory requirement extends to specified abetment, attempt and conspiracy.
Section 215(1)(b): Offences connected with Court proceedings
Clause (b) deals with specified BNS offences alleged to have been committed in, or in relation to, a proceeding in any Court, as well as specified offences concerning a document produced or given in evidence in a Court proceeding.
In these cases, the complaint must be in writing by the Court concerned, by an officer of that Court whom the Court authorizes in writing, or by a Court to which that Court is subordinate.
Offences covered by Section 215(1)(b)
| Category | BNS provisions referred to in Section 215 |
|---|---|
| Offences in or relating to Court proceedings | Sections 229 to 233, 236, 237, 242 to 248 and 267 BNS |
| Document-related offences connected with evidence | Section 336(1), Section 340(2) and Section 342 BNS |
| Connected liability | Criminal conspiracy, attempt or abetment of the offences specified in Section 215(1)(b)(i) or (ii) |
Meaning of "cognizance"
Cognizance generally refers to the judicial act of taking notice of an alleged offence for the purpose of proceeding according to criminal law. Section 215 operates at this threshold stage by restricting the Court from taking cognizance unless the prescribed written complaint exists.
Meaning of "complaint in writing"
Section 215 specifically requires a complaint in writing from the person or Court authorized by the provision. Accordingly, the identity and authority of the complainant, and whether the complaint satisfies the statutory requirement, are central to the operation of the bar on cognizance.
Withdrawal of complaint under Section 215(2)
Sub-section (2) permits the competent superior or authorizing authority, in the circumstances stated in the provision, to order withdrawal of a complaint made under Section 215(1)(a). A copy of the withdrawal order is sent to the Court, and after receipt no further proceedings are to be taken on that complaint.
The power is subject to an important limitation: withdrawal cannot be ordered once the trial in the Court of first instance has concluded.
Meaning of "Court" under Section 215(3)
For Section 215(1)(b), the word "Court" expressly includes a Civil Court, Revenue Court and Criminal Court. It also includes a tribunal constituted under a Central or State Act where that Act declares the tribunal to be a Court for the purposes of Section 215.
When is one Court subordinate to another?
Section 215(4) contains a special rule for determining subordination for the purpose of complaints under Section 215(1)(b). Ordinarily, a Court is treated as subordinate to the Court to which appeals from its appealable decrees or sentences lie.
Where a Civil Court has no ordinary appellate forum for its decrees, the relevant superior Court is the Principal Court having ordinary original civil jurisdiction within whose local jurisdiction that Civil Court is situated. The provisos then address cases involving more than one appellate Court and cases where appeals may lie to both Civil and Revenue Courts.
Corresponding provision under the Code of Criminal Procedure, 1973
Section 215 BNSS broadly occupies the field previously governed by Section 195 of the Code of Criminal Procedure, 1973, concerning prosecution for specified offences affecting lawful authority, public justice and documents used in evidence. Proceedings governed by the earlier Code should be examined with reference to the applicable saving and transitional provisions rather than assuming that the BNSS applies retrospectively.
Practical importance of Section 215
Before cognizance is taken for an offence falling within Section 215, it is necessary to identify the exact BNS provision alleged, determine whether the offence falls within clause (a) or clause (b), and verify whether the written complaint has been made by an authority legally entitled to make it. Where the statutory complaint requirement is attracted, it is a condition governing the Court's power to take cognizance.
Related BNSS provisions
Section 215 appears in Chapter XV of the BNSS dealing with conditions requisite for initiation of proceedings. It may be read with Section 214, Section 216, Section 217, and Section 218.
Official legal sources
For the authoritative statutory text, refer to India Code - Bharatiya Nagarik Suraksha Sanhita, 2023, India Code - Bharatiya Nyaya Sanhita, 2023, and the Ministry of Home Affairs - New Criminal Laws.
This page provides general legal information. The exact BNS offence, identity and authority of the complainant, nature of the underlying Court proceeding, applicable saving provisions and current judicial decisions should be examined in an individual case.