BNSS Chapter 15

BNSS Chapter 15 – Requirements Before Legal Proceedings Begin

Explained with all Sections (210 to 222) of the Bharatiya Nagarik Suraksha Sanhita, 2023

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaced the Code of Criminal Procedure, 1973, as India's main set of rules for criminal proceedings. Among the significant changes, Chapter 15 of BNSS is important as it lays down the rules which must be followed before a criminal case can start in court.

This chapter, titled "Conditions Requisite for Initiation of Proceedings", includes Sections 210 to 222. These sections address how courts take notice of offenses, when government permission is needed, and how to safeguard witnesses and public servants from unfair prosecution.

This article breaks down each section in simple language and answers common questions related to BNSS Chapter 15.

BNSS Section 210 – Magistrate's Recognition of Offenses

This section explains when a Magistrate can acknowledge a criminal offense. In legal terms, "cognizance" means the court formally begins considering a case.

A Magistrate can take cognizance in three ways:

• Upon receiving a police report,

• Upon receiving a complaint from an individual,

• Or based on the Magistrate’s own information.

This section ensures the Magistrate carefully considers matters before starting legal actions, preventing anyone from being brought to court without due cause.

BNSS Section 211 – Transfer Requests from the Accused

If the accused believes the trial won't be fair because of bias, fear, or local influence, they can request the case be moved to another Magistrate.

This section protects the accused's right to a fair and unbiased hearing. The court will review the request and determine if there are valid reasons to transfer the case.

BNSS Section 212 – Assigning Cases to Magistrates

Section 212 allows the Chief Judicial Magistrate or another authorized person to assign cases to other competent Magistrates.

This helps the court handle cases more efficiently, making sure no single Magistrate is overwhelmed. It also aids in quicker hearings and proper case management.

BNSS Section 213 – Sessions Court and Cognizance of Offenses

The Sessions Court cannot take cognizance of a case independently. It can only act on a case sent to it by a Magistrate.

This creates a screening process. A Magistrate first reviews the case and decides if it's serious enough to send to a higher court.

BNSS Section 214 – Additional Sessions Judges Handling Assigned Cases

If the Sessions Judge sees fit, they can assign particular cases to an Additional Sessions Judge.

This allows for flexibility and helps speed up trials, particularly in areas with a large number of criminal cases.

BNSS Section 215 – Prosecution for Contempt, Public Justice, and Evidence-related Offenses

This section adds protection against misuse of legal processes. If someone is to be prosecuted for:

• Disobeying a public servant,

• Offenses against public justice, or

• Offenses connected to forged court documents,

then permission from a Magistrate is required before prosecution.

This ensures only legitimate cases go to trial, and public servants aren't wrongly harassed through false complaints.

BNSS Section 216 – Witness Protection from Threats or Harassment

Witnesses are crucial in any criminal trial. However, witnesses are sometimes threatened or intimidated into silence. Section 216 enables the court to take special steps to protect such witnesses.

This includes:

• Allowing the witness to provide their statement via video conferencing,

• Keeping their identity confidential

• Creating a safe environment for testimony.

This section protects witnesses’ dignity and safety, especially in serious cases like organized crime or offenses against the state.

BNSS Section 217 – Prosecution for Offenses Against the State and Criminal Conspiracy

Serious crimes like waging war against India, sedition, or terrorism fall under this section. To prosecute someone for such offenses, prior permission (sanction) from the Central or State Government is needed.

This step ensures legal processes aren’t misused for political motives or false allegations. Prosecution can only proceed after the government’s careful review.

BNSS Section 218 – Prosecuting Judges and Public Servants

Judges and government officers must often make tough decisions in their roles. To protect them from false accusations, Section 218 states they can only be prosecuted for actions taken while in office with government approval.

This doesn't mean they can’t be penalized for wrongdoing. It simply requires a proper check before bringing public servants into criminal trials.

BNSS Section 219 – Prosecution for Marital Offenses

This section concerns offenses like bigamy, fraudulent marriage, or cheating in a marriage. It says that only the affected person, usually the spouse, can file a case.

This avoids unnecessary legal action by outsiders and ensures personal matters are addressed only when the affected person chooses to act.

BNSS Section 220 – Prosecution for Offenses under Section 85 of Bharatiya Nyaya Sanhita, 2023

Section 85 of the Bharatiya Nyaya Sanhita deals with offences concerning false or dishonest claims in court. To prosecute someone under this section, the court must first give approval.

This prevents people from misusing the law for personal revenge or harassing others with false counter-cases.

BNSS Section 221 – Acknowledging the Offense

Section 221 reiterates that a Magistrate can take cognizance of a case when:

• A police report is received,

• A complaint is filed,

• Or when other legal conditions are met.

This section reinforces the core legal rule that a court can only act when permitted by law. It sets the legal basis for starting criminal proceedings.

BNSS Section 222 – Prosecution for Defamation

Defamation is sensitive because it affects a person’s dignity and reputation. Section 222 states that a defamation case can only be filed by the person who feels defamed, and it must be filed within the legal timeframe.

This protects individuals from unwarranted court appearances and ensures that only genuine victims utilize this legal remedy.

Final Remarks

BNSS Chapter 15 is a critical part of the Bharatiya Nagarik Suraksha Sanhita, 2023. It outlines the conditions needed before a criminal case can begin. From protecting public servants and judges to safeguarding witnesses and ensuring fair trials, this chapter establishes a balanced justice system.

By requiring government sanction in serious or sensitive matters, it avoids legal misuse. Simultaneously, it ensures genuine victims and aggrieved parties can seek justice. This chapter balances protecting individual rights and enabling the state to address crime.

Understanding Chapter 15 of BNSS helps those studying law, legal professionals, or interested citizens, to understand when and how criminal proceedings start under Indian law from 2023 onwards.