Section 195 CrPC and Section 215 BNSS: Prosecution for Offences Against Public Justice
A practical guide to when a court may take cognizance of offences involving disobedience of public servants, false evidence, court proceedings and documents used in evidence.
What does Section 195 CrPC mean?
Section 195 CrPC imposed a statutory restriction on a criminal court taking cognizance of certain offences unless a legally designated authority made a written complaint. Cognizance means the court applying its judicial mind to an alleged offence for the purpose of proceeding under criminal law. The restriction protects the administration of justice from collateral or improperly initiated prosecutions; it does not automatically determine whether the alleged conduct is an offence.
Two broad classes are covered: offences involving lawful authority of public servants, and specified offences affecting judicial proceedings or evidence. The equivalent current restriction is found in Section 215 BNSS.
Section 215 BNSS: Current legal requirements
1. Offences against the lawful authority of public servants
Under Section 215(1)(a), offences under Sections 206 to 223 of the Bharatiya Nyaya Sanhita, 2023 (BNS), excluding Section 209, and their specified attempts, abetments and conspiracies, ordinarily require a written complaint by the concerned public servant, a public servant to whom that officer is administratively subordinate, or another public servant authorised by the concerned officer.
2. Offences relating to court proceedings and public justice
Section 215(1)(b)(i) covers offences under BNS Sections 229 to 233, 236, 237, 242 to 248 and 267 where alleged in or in relation to proceedings in a court. These include categories involving false evidence, false declarations, impersonation and interference with the administration of justice, as defined in the relevant BNS provisions.
3. Forged or false documents used in evidence
Section 215(1)(b)(ii) addresses offences described in BNS Section 336(1) or punishable under 340(2) or 342, when alleged in respect of documents produced or given in evidence in a court proceeding. Section 215(1)(b)(iii) also covers specified conspiracy, attempt and abetment.
For clause (b), the written complaint must come from the concerned court, an officer authorised by that court in writing, or the court to which it is subordinate. The precise facts, including when a document was forged and whether it was in court custody, can affect whether the statutory bar applies.
4. Withdrawal, meaning of court and subordination
Section 215(2) addresses withdrawal of a public-servant complaint by the administratively superior authority, subject to the restriction after completion of the first-instance trial. Section 215(3) defines court for clause (b) to include civil, revenue and criminal courts, and certain statutorily designated tribunals. Section 215(4) explains the appellate relationship used to identify the superior court, including special rules where more than one appellate forum exists.
Section 195 CrPC and Section 215 BNSS compared
| Issue | Earlier CrPC | Current BNSS |
|---|---|---|
| Principal provision | Section 195 | Section 215 |
| Public-servant authority offences | IPC Sections 172 to 188 | BNS Sections 206 to 223, excluding 209 |
| Judicial proceeding offences | IPC Sections 193 to 196, 199, 200, 205 to 211 and 228 | BNS Sections 229 to 233, 236, 237, 242 to 248 and 267 |
| Document-related offences | IPC Sections 463, 471, 475 and 476 | BNS Sections 336(1), 340(2) and 342 |
| Procedure for court complaint | Section 340 CrPC | Section 379 BNSS |
| Transition | Applicable to saved proceedings | Section 531 BNSS governs repeal and savings |
How is a complaint initiated?
For public-servant authority offences, the complaint must satisfy Section 215(1)(a). For offences involving court proceedings or evidence under Section 215(1)(b), the court-complaint procedure is primarily governed by Section 379 BNSS (earlier Section 340 CrPC). The court considers whether an inquiry and complaint are expedient in the interests of justice. A preliminary inquiry is not invariably mandatory; the statute permits one where necessary.
A private litigant may bring alleged false evidence or document misuse to the concerned court's attention, but an application by a private person does not itself replace the complaint required from the court for offences covered by clause (b). The distinction between forgery committed before a document is produced in court and offences committed while it is in court custody should be examined under the applicable judicial precedents.
Which law applies to older cases?
Section 531 BNSS repeals the CrPC but preserves specified appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024. Accordingly, the commencement date, nature and status of the proceeding must be checked before deciding whether Section 195 CrPC or Section 215 BNSS governs a particular procedural step.
Historical text: Section 195 CrPC, 1973
The following provision is preserved for historical reference and for matters governed by the savings clause. Section 195 restricted courts from taking cognizance of specified offences without a complaint from the designated public servant or court.
Section 195(1): Bar on cognizance
Clause (a): Offences under IPC sections 172 to 188, including their abetment, attempt or conspiracy, required a written complaint from the public servant concerned or a public servant to whom that officer was administratively subordinate.
Clause (b)(i): IPC sections 193 to 196, 199, 200, 205 to 211 and 228, when alleged in or in relation to court proceedings, required a written complaint from the court, an authorised court officer or the court to which it was subordinate.
Clause (b)(ii): Offences described in IPC section 463 or punishable under sections 471, 475 or 476, concerning documents produced or given in evidence in court, were subject to the same court-complaint requirement. Clause (b)(iii) extended the restriction to conspiracy, attempt and abetment of the specified offences.
Section 195(2): Withdrawal
The administratively superior authority could order withdrawal of a complaint under clause (a), but not after conclusion of the trial in the court of first instance.
Section 195(3): Meaning of court
For clause (b), court included a civil, revenue or criminal court and a tribunal expressly declared by its constituting legislation to be a court for this purpose.
Section 195(4): Subordinate court
Subordination generally followed the ordinary appellate hierarchy, with special rules where appeals lay to multiple courts or to civil and revenue courts. The complaint-authorisation language in clause (b) reflected the amendment made by Act 2 of 2006, effective 16 April 2006.
Official acts and legal resources
Consult the India Code official legislation portal for the authoritative Acts, the Bureau of Police Research and Development BNSS reference PDF, and the Ministry of Home Affairs for notifications and implementation information. Read the full wording of Sections 215, 379 and 531 BNSS and relevant BNS provisions before relying on this overview.