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.
Why this exists
Courts rely entirely on truthful evidence and genuine documents to reach fair decisions. When someone lies under oath or fabricates a document within a court proceeding, the harm strikes at the justice system itself, not just the other party. This section gives courts a direct, structured way to trigger prosecution of such offences, rather than leaving it to a private party to file a complaint, recognising that the court itself is best placed to know when its own process has been abused.
Common misconceptions
- Myth: Anyone can freely accuse a witness of lying in court and have them prosecuted immediately.
Fact: Prosecuting such offences connected to court proceedings generally requires the court itself to initiate the process through a formal complaint under this section, not a private complaint by any bystander.