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Month: March 2026

BNSS 379 – Procedure in cases mentioned in section 215

Posted on March 3 by ShadesOfKnife

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;
(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.


Entire BNSS is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS 379 - Procedure in cases mentioned in section 215 Perjury Under Section 340 CrPC | Leave a comment

Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026

Posted on March 3 by ShadesOfKnife

A single judge of Madhya Pradesh Hugh Court at Jabalpur Bench held as follows,

From Para 8,

8. A police officer cannot directly register a crime for offence under Section 215 B.N.S.S. once the offence is committed in or in relation to a proceeding in the Court. As per Section 379 B.N.S.S., the Court has to cause preliminary enquiry and then can make a complaint in writing. However, in the present case, the Court has not made any enquiry, nor recorded any prima-facie satisfaction and has simply directed the police authorities to carry out an investigation and submit a report before the Court. Though the Court in its discretion could have directed the police authorities to investigate the matter and to furnish report before the Court, but the discretion to register FIR should not have been left at the discretion of the police authorities. It was for the Court to have applied its mind after receiving the preliminary enquiry report of the police authorities.

Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026

Citations: [2026:MPHC-JBP:1337]

Other Sources:

 


Index of Perjury judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS 379 - Procedure in cases mentioned in section 215 Legal Procedure Explained - Interpretation of Statutes Perjury Under Section 340 CrPC Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors | Leave a comment

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