Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - 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;
- (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.
Brief Detail
Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for courts when an inquiry into certain offences is deemed necessary. It details the steps a court must take, including recording findings, making written complaints, sending them to a magistrate, and ensuring the accused's appearance. The section also clarifies who can sign a complaint based on the court's status and reaffirms the definition of Court as per section 215.
Question & Answers
What is the purpose of Section 379?
Section 379 provides a procedure for courts to inquire into specific offences and take necessary actions to ensure justice.
What steps can a court take under Section 379?
A court may record findings, make a written complaint, send it to a magistrate, take security for the accused’s appearance, and bind witnesses to testify.
Who has the authority to exercise the powers under this section?
The powers can be exercised by the court to which the former court is subordinate if no complaint has been made or rejected.
Who signs a complaint made under this section?
If the court is a High Court, it is signed by an appointed officer; in other cases, it is signed by the presiding officer or an authorized officer.
What does Court refer to in this section?
Court has the same meaning as defined in section 215 of the Bharatiya Nagarik Suraksha Sanhita.
Example
- A lower court believes that an offence related to a case it is handling requires further inquiry. It records a finding, files a complaint, and sends it to a magistrate.
- If the offence is non-bailable, the court may decide to send the accused into custody while ensuring their appearance at the magistrate’s court.
Summary
Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes a framework for courts to address certain offences by conducting inquiries, making complaints, and ensuring the presence of the accused and witnesses. It specifies the authority involved in signing complaints and clarifies the meaning of Court in this context.
