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CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

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

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

4 questions in 14 of our papers cite Section 215. Try these from the free papers:

  1. 1. In Sri. Rajkumar Madki v. Dr. Shailendra Beldale (16 October 2026), the Supreme Court considered whether a private person may file a complaint under Section 200 CrPC for the offence of filing a false affidavit by a candidate under Section 125-A of the Representation of the People Act, 1951. It held that:

Practise questions on Bharatiya Nagarik Suraksha Sanhita