Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 204 to 224 (both inclusive but excluding section 207) of the Bhartiya 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 Bhartiya Nyaya Sanhita, 2023, namely, sections 227 to 231 (both inclusive), 234, 235, 240 to 246 (both inclusive) and 265, 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 section 334, or punishable under section 337, section 340 or section 341 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, Provincial 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.
Brief Detail
Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the conditions under which courts can take cognizance of offences related to public servants and public justice. It specifies that cognizance can only be taken on written complaints from authorized public servants. This section also provides guidelines on withdrawal of complaints and defines the term Court for its purposes, ensuring a clear legal framework for prosecuting offences against public authority.
Question & Answers
Q1: What does Section 215 address?
A1: It addresses the prosecution for contempt of lawful authority of public servants and related offences against public justice.
Q2: Under what conditions can a Court take cognizance of offences?
A2: A Court can take cognizance only on the written complaint of the concerned public servant or an authorized public servant.
Q3: Can a complaint be withdrawn?
A3: Yes, an authorized authority can order the withdrawal of a complaint, provided the trial has not yet concluded.
Q4: What types of courts does this section apply to?
A4: It applies to Civil, Revenue, and Criminal Courts, as well as certain tribunals defined by law.
Q5: How is the term Court defined in this section?
A5: Court includes any Civil, Revenue, or Criminal Court and certain tribunals, as specified by the relevant Acts.
Example
- Scenario 1: A public servant files a complaint regarding an offence under the Bhartiya Nyaya Sanhita. The Court may only take cognizance of this offence upon receiving the written complaint from the authorized public servant.
- Scenario 2: If a complaint has been filed but later the authorized public servant decides to withdraw it, they must send a copy of the withdrawal order to the Court, halting any further proceedings.
Summary
Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes strict guidelines for the prosecution of offences involving public servants and public justice. It ensures that courts can only take cognizance based on written complaints from authorized public servants and outlines the conditions under which complaints can be withdrawn. This provision is vital for maintaining the integrity of public authority and justice.
