Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XV: Conditions Requisite for Initiation of Proceedings
Section 215: . Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
In plain words
Courts cannot take cognizance of certain offences without a written complaint from the right authority.
- Offences of contempt of the lawful authority of public servants (sections 206 to 223 of the Bharatiya Nyaya Sanhita, 2023, excluding section 209): only on a written complaint of the public servant concerned, their superior, or a public servant they authorise.
- False evidence and other offences against public justice committed in or about court proceedings, and forgery of documents produced in court: only on a written complaint of that court, an officer it authorises, or a superior court.
- This also applies to abetment, attempts and conspiracy to commit these offences.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) No Court shall take cognizance—
(a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or
(ii) of any abetment of, or attempt to commit, such offence; or
(iii) of any criminal conspiracy to commit such offence,
except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate or of some other public servant who is authorised by the concerned public servant so to do;
(b) (i) of any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and 267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court; or
(ii) of any offence described in sub-section (1) of section 336, or punishable under sub-section (2) of section 340 or section 342 of the said Sanhita, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court; or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii),
except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.