Section 379 BNSS: Procedure in cases mentioned in section 215

CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 379: Procedure in cases mentioned in section 215

(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;

(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.

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

379	340. Procedure in cases mentioned in section 195

Questions on this section

3 questions in 11 of our papers cite Section 379. Try these from the free papers:

1. Under Section 379 of the BNSS, when a Court decides to make a complaint about an offence referred to in Section 215(1)(b) which appears to have been committed in or in relation to a proceeding before it, the complaint in writing is to be sent to:
2. In Prabhakar Yeshwant Masram v. Sou Tula Namdeorao Jaipurkar (21 July 2026), an appellate court had directed a complaint for offences of false evidence against a party and his advocate because of typing errors in a memorandum of appeal and a stay application. The Supreme Court quashed the direction, holding that: