(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,\u2014
(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,\u2014
(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.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) When, upon an application made to it in this behalf or otherwise, any Courtis of opinion that it is expedient in the interests of justice that an inquiry should be madeinto any offence referred to in clause (b) of sub-section (1) of section 215, which appears tohave been committed in or in relation to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1976","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n