Section 215 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Here’s a clearer, more detailed explanation of Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
🧾 What Section 215 Covers
1. Offences involving public servants (Clause 1(a)):
Applies to offences in Sections 206–223 of the Bharatiya Nyaya Sanhita, 2023 (BNY)—these largely cover contempt of authority, obstructing public justice, intimidating public servants, etc.
Courts cannot take cognizance of these offences (or attempts, abetments, conspiracies) unless a written complaint is filed by:
The public servant concerned
A public servant administratively subordinate
Or someone authorized by them (prashantkanha.com)
2. Offences related to court proceedings and evidence (Clause 1(b)):
Includes offences under BNY Sections 229–233, 236, 237, 242–248, 267, and similar offences under Sections 336, 340(2), 342—these involve false evidence, tampering with documents, contempt, etc.
Again, no cognizance unless there's a written complaint by:
The Court itself
An authorised court officer
Or a higher/subordinate court (prashantkanha.com, apnilaw.com)
🔄 Withdrawal of Complaints (Clause 2)
If a complaint is filed under Clause 1(a) by a public servant, his administratively superior can withdraw it—provided the trial has not concluded.
Once withdrawn, the court must discontinue the proceedings .
🏛️ Who Qualifies as “Court”? (Clauses 3 & 4)
“Court” includes Civil, Revenue, Criminal courts, and even certain tribunals recognized as courts.
Determines the hierarchy: a subordinate court is one that appeals to another court under normal appeal procedures (indiankanoon.org).
📌 Why This Matters
Gatekeeping mechanism: Prevents frivolous or politically motivated prosecutions — only authorised complaints can trigger legal action.
Ensures accountability: Only officials within the proper chain of command can initiate or withdraw complaints—adding a layer of oversight.
Safeguards legal process: Particularly for offences like tampering with evidence, only the Court itself (or its delegated officer) can begin prosecution, ensuring protection of judicial integrity.
📋 Example Scenarios
Bribery of a public servant (under BNY Section ~210):
Requires a written complaint by the public servant or their superior. No other person can initiate it.
Destroying evidence in court (under BNY Section ~242):
Only the Court that handled the case—or its authorized officer—can file the complaint.
A judge orders withdrawal of complaint:
Suppose a subordinate files a bribery complaint, but the superior withdraws it before trial ends—the court must stop proceedings.
✅ In Summary
| Element | Key Points |
|---|---|
| What it’s about | Contempt of authority, offences against justice, tampering with evidence |
| Cognizance rule | Allowed only with authorised written complaint |
| Withdrawal | Superior can withdraw before trial ends, halts the case |
| Definition of Court | Includes courts and tribunals, defines appeal hierarchy |
Section 215 thus acts as a built‑in safeguard to ensure prosecutions for sensitive or powerful offences are officially authorised and checked—preventing misuse while protecting judicial sanctity.
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