Sections 340–352 CrPC vs Sections 379–391 BNSS — Offences Affecting the Administration of Justice

In India, Sections 379 to 391 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 340 to 352 of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. The procedure is carried over intact; the summary fines for false evidence, in-court contempt and witness non-attendance rise to ₹1,000, ₹1,000 and ₹500.

Where false evidence or a fabricated document is used before a court, Section 215(1)(b) BNSS bars cognizance except on that court's written complaint; Sections 379 to 382 govern the complaint, and Sections 383 to 391 add summary powers.

This page covers the procedure. The offences themselves are explained elsewhere: false evidence on Sections 191–195 IPC vs Sections 227–231 BNS; refusing oath, answers or signature on Sections 172–180 IPC vs Sections 206–215 BNS; insult to a court on Sections 228 and 228A IPC vs Sections 267, 72 and 73 BNS; and the complaint bar itself on Sections 195, 198 and 198A CrPC vs BNSS.

At a glance

The chapter is procedural. The offences it deals with carry their own classification in the First Schedule, set out on the linked offence pages.

What changed

Substantive changes (fines)

• Modified — Section 383(1) (formerly 344(1)): fine on summary trial for giving or fabricating false evidence, "fine which may extend to five hundred rupees" → "one thousand rupees". The imprisonment limit, "a term which may extend to three months", is unchanged.
• Modified — Section 384(1) (formerly 345(1)): contempt in the view or presence of the Court, "fine not exceeding two hundred rupees" → "one thousand rupees". Default imprisonment is unchanged: simple imprisonment "for a term which may extend to one month, unless such fine be sooner paid".
• Modified — Section 389(1) (formerly 350(1)): summoned witness who fails to attend, "fine not exceeding one hundred rupees" → "five hundred rupees".
• Unchanged figure — Section 385(1) (formerly 346(1)) still lets the Court forward the case to a Magistrate where it considers "a fine exceeding two hundred rupees should be imposed". On a reading of the text, the figure no longer matches the ₹1,000 that Section 384 now allows the Court itself to impose; the Sanhita does not reconcile them.

Cross-references and drafting

• Minor edit — Section 384(1) and (3): "section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860)" → "section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023". By their headings in both Codes these are, in order: omission to produce a document; refusing oath or affirmation; refusing to answer a public servant; refusing to sign a statement; and intentional insult or interruption to a public servant sitting in a judicial proceeding.
• Minor edit — Section 384(1): "before the rising of the Court or the same day" → "before the rising of the Court on the same day". The CrPC text as printed reads "or"; the BNSS reads "on".
• Minor edit — Section 379: "section 195" → "section 215" (four times, including the heading); "interests of Justice" → "interests of justice".
• Minor edit — Section 382(1): "notwithstanding anything contained in Chapter XV" → "Chapter XVI" (the complaints-to-Magistrates chapter in each Code).
• Minor edit — Section 389(1): "in the interest of justice" → "in the interests of justice".
• Minor edit — Section 390: heading and sub-section (1) "sections 344, 345, 349 and 350" → "383, 384, 388 and 389"; "this Code" → "this Sanhita"; sub-section (2) "Chapter XXIX" → "Chapter XXXI" (the appeals chapter); sub-section (4) "section 347" → "section 386".
• Minor edit — Sections 380, 381, 385, 386, 387, 388 and 391: cross-references renumbered only (340 → 379, 341 → 380, 345 → 384, 346 → 385, 195 → 215). Section 386 names "the Registration Act, 1908"; the CrPC footnote records that "Indian" was omitted from the name by Act 56 of 1974.
• Identical in substance — the preliminary inquiry "if any, as it thinks necessary" and clauses (a) to (e) of Section 379(1); the signing rule in Section 379(3) (clause (b) was substituted in the CrPC by Act 2 of 2006, w.e.f. 16 April 2006, and is carried over); finality in Section 380(2); the stay pending appeal or revision in Section 383(4); the seven-day committal in Section 388; and the exceptions in Section 391.

Statutory text (relevant extract)

Extract — Section 379(1) BNSS (opening words):

(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 …

Extract — Section 384(1) BNSS (part):

… may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees …

Extract — Section 345(1) CrPC (part, old):

… sentence the offender to fine not exceeding two hundred rupees …

How it works

1. Which offences (Section 379(1) with Section 215(1)(b)). Section 215(1)(b) BNSS covers false evidence and related offences under Sections 229 to 233, 236, 237, 242 to 248 and 267 BNS when committed in, or in relation to, any proceeding in any Court; offences under Section 336(1), 340(2) or 342 BNS in respect of a document produced or given in evidence in a proceeding in any Court; and conspiracy, attempt or abetment. No Court may take cognizance of these except on the written complaint of that Court (or an officer it authorises in writing), or of a Court to which it is subordinate.
2. Forming the opinion (Section 379(1)). On an application or on its own, the Court decides whether "it is expedient in the interests of justice that an inquiry should be made". It may hold a preliminary inquiry "if any, as it thinks necessary". It then may (a) record a finding, (b) make a written complaint, (c) send it to a Magistrate of the first class having jurisdiction, (d) take security for the accused's appearance or, for a non-bailable offence, send the accused in custody, and (e) bind over witnesses.
3. Superior Court's power (Section 379(2)). If the first Court has neither made nor rejected a complaint, the Court to which it is subordinate under Section 215(4) may act.
4. Signing (Section 379(3)). In a High Court, by the officer the Court appoints; otherwise by the presiding officer or an officer the Court authorises in writing.
5. Appeal and costs (Sections 380–381). The refused applicant, or the person complained against, may appeal to the superior Court (not from a High Court). The superior Court may direct the complaint to be withdrawn or made. The order is final and "shall not be subject to revision". Costs may be ordered as just.
6. Trial (Section 382). The Magistrate proceeds "as if it were instituted on a police report", and may adjourn if an appeal is pending against the decision in the original proceeding.
7. Summary alternative for false evidence (Section 383). When delivering judgment or a final order, a Court of Session or Magistrate of the first class that finds a witness knowingly or wilfully gave or fabricated false evidence may, after a show-cause opportunity, try the witness summarily. Proceedings are stayed if an appeal or revision is filed against the judgment containing the opinion. A complaint under Section 379 remains available instead.
8. Contempt in the Court's view or presence (Sections 384–387). For the five listed BNS offences committed in the view or presence of a civil, criminal or revenue Court, the Court may detain the offender and, before rising on the same day, after a show-cause opportunity, impose a fine up to ₹1,000, recording the facts, statement, finding and sentence (Section 384). If imprisonment or a larger fine is warranted, the case goes to a Magistrate (Section 385). A Registrar or Sub-Registrar may be deemed a Civil Court (Section 386). The Court may discharge or remit on apology (Section 387).
9. Witnesses (Sections 388–389). A witness who, without reasonable excuse, refuses to answer or produce a document before a Criminal Court may be sentenced to simple imprisonment or committed to the custody of an officer of the Court for any term not exceeding seven days, unless meanwhile the witness consents to answer or produce (Section 388). A summoned witness who fails to attend without just excuse may be tried summarily and fined up to ₹500 (Section 389).
10. Appeal and bar (Sections 390–391). Convictions under Sections 383, 384, 388 and 389 by a Court other than a High Court are appealable. Otherwise, no Judge (other than a High Court Judge) or Magistrate may try a Section 215 offence committed before himself or in contempt of his authority.

What this means in practice

For a party who suspects perjury or a forged document. Apply to the Court before which the proceeding took place; a private complaint to a Magistrate is barred by Section 215(1)(b). The application should show why an inquiry is expedient in the interests of justice, not merely that a statement was false (Amarsang Nathaji, below). If refused, the remedy is an appeal under Section 380, not revision.

For the person complained against. The Court need not hear you before making the complaint (Pritish, below); you may appeal under Section 380 against the decision to complain. If the Court proceeds summarily under Section 383 after its judgment, the section requires "a reasonable opportunity of showing cause", and further proceedings must be stayed if you file an appeal or revision against that judgment.

For courts and presiding officers. Section 384 must be used "before the rising of the Court on the same day"; after that, the case is forwarded under Section 385. On a reading of Sections 384 and 385 together, a Court imposing a fine between ₹201 and ₹1,000 under Section 384 would also fall within the words of Section 385 permitting forwarding — an overlap the text leaves open.

Judgments that still matter

No Supreme Court judgment construing Sections 379 to 391 BNSS was found in the corpus searched for this page. Sections 379 to 382 repeat Sections 340 to 343 CrPC with renumbered cross-references; on a reading of the text, judgments construing those words remain relevant. Judgments on false evidence and on Sections 383 and 384 are discussed on the linked offence pages and are not repeated here.

Pritish v. State of Maharashtra & Ors., [2001] Supp. 5 S.C.R. 302 (2001 INSC 576) — 21 November 2001. K.T. Thomas, S.N. Phukan and Y.K. Sabharwal JJ.; judgment by Thomas J. A land acquisition reference court, told that enhanced compensation had been obtained on forged copies of sale deeds, inquired and directed a complaint against the appellant without hearing him. The Supreme Court dismissed his appeal. It held that under the scheme of Sections 340 and 343 "there is no statutory requirement to afford an opportunity of hearing to the persons against whom that court might file a complaint", the legal right to be heard arising only "when the magistrate calls the accused to appear before him" (pp. 309–310); the preliminary inquiry "is not for finding whether any particular person is guilty or not"; and "It is not peremptory that such preliminary inquiry should be held" (report pp. 308–312; the report prints no paragraph numbers). It also said that the availability of an appeal under Section 341 does not create a duty to hear before complaining (p. 310).

Amarsang Nathaji v. Hardik Harshadbhai Patel & Ors., [2016] 12 S.C.R. 80 — 23 November 2016. Kurian Joseph and R.F. Nariman JJ. A High Court had directed its Registrar to file a complaint under Sections 199 and 200 IPC against a party who took contradictory stands. The Supreme Court identified "two pre conditions": a prima facie case for a complaint for an offence in Section 195(1)(b)(i), and that "it is expedient in the interests of justice that an inquiry should be made" (para 6). The opinion may be formed without a preliminary inquiry, but even then the Court must decide whether a complaint is required (para 11). Because Section 343 requires the Magistrate to proceed as on a police report, the warrant-case procedure applies, which explains "a meticulous procedure regarding initiation of the inquiry" (para 12). Finding that the High Court had not followed that procedure, it allowed the appeal and set aside the order to the extent it initiated Section 340 proceedings (paras 13–14).

Which law applies to your case

Section 531(2)(a) BNSS provides that any application, trial or inquiry pending immediately before 1 July 2024 is to be "disposed of, continued, held or made" under the CrPC "as if this Sanhita had not come into force". On a reading of that text, a Section 340 CrPC application pending on that date continues under the CrPC, as does a proceeding under Section 344, 345 or 350 CrPC, with its lower fine. Section 358(2) BNS saves any penalty or punishment incurred under the IPC and allows proceedings to be instituted as if it had not been repealed; on a reading of that text, false evidence given before 1 July 2024 is charged under the IPC. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNSS equivalent of Section 340 CrPC?

Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 340 of the Code of Criminal Procedure, 1973 from 1 July 2024. A Court that considers it expedient in the interests of justice to inquire into an offence listed in Section 215(1)(b) BNSS, committed in or in relation to a proceeding before it, may record a finding and make a written complaint to a Magistrate of the first class.

Which BNSS sections replaced CrPC Sections 340 to 352?

Sections 379 to 391 BNSS (Chapter XXVIII), one for one: 340 to 379, 341 to 380, 342 to 381, and so on to 352 and 391. The chapter covers court complaints for offences against public justice, appeals and costs, summary trial of false evidence, contempt committed in the view or presence of a court, witnesses who refuse to answer or to attend, and the bar on a judge trying such an offence committed before himself.

What are the new fines in the BNSS for false evidence and contempt in court?

Section 383 BNSS allows a Court of Session or Magistrate of the first class, on summary trial, to impose up to three months' imprisonment or a fine up to one thousand rupees, or both (five hundred under Section 344 CrPC). Section 384 allows a fine up to one thousand rupees for contempt in the view or presence of the Court (two hundred under Section 345 CrPC). Section 389 allows a fine up to five hundred rupees for a summoned witness who does not attend (one hundred under Section 350 CrPC).

Must the court hear the person before making a complaint under Section 379 BNSS?

Section 379 BNSS, like Section 340 CrPC, does not say so. In Pritish v. State of Maharashtra ([2001] Supp. 5 S.C.R. 302) the Supreme Court held there is no statutory requirement under Section 340 to hear the person before the Court files a complaint, that a preliminary inquiry is not peremptory, and that the person's legal right to be heard arises only when the Magistrate calls the accused to appear.

Can a court complaint for perjury be appealed?

Yes. Under Section 380 BNSS, a person whose application for a complaint was refused by a Court other than a High Court, or against whom such a complaint was made, may appeal to the Court to which that Court is subordinate within the meaning of Section 215(4) BNSS. The superior Court may direct the complaint to be withdrawn or made. Its order, and subject to it the order under Section 379, is final and not subject to revision.

How is a complaint under Section 379 BNSS tried?

Section 382 BNSS requires the Magistrate to deal with the case as if it were instituted on a police report, notwithstanding Chapter XVI on complaints. In Amarsang Nathaji v. Hardik Harshadbhai Patel ([2016] 12 S.C.R. 80) the Supreme Court, construing the corresponding Section 343 CrPC, said the Magistrate follows the procedure for warrant-cases instituted on a police report.

Why does Section 385 BNSS still mention two hundred rupees?

Section 385(1) BNSS lets the Court forward a case to a Magistrate where it considers that the offender should be imprisoned otherwise than in default of fine, or that 'a fine exceeding two hundred rupees' should be imposed. The figure was carried over from Section 346 CrPC, although Section 384 BNSS now allows the Court itself to impose up to one thousand rupees. The Sanhita does not reconcile the two figures.

Which law applies to perjury committed before 1 July 2024?

Section 531(2)(a) BNSS keeps any application, inquiry or trial pending immediately before 1 July 2024 under the CrPC. On a reading of that text, a Section 340 CrPC application pending on that date continues under the CrPC; a court complaint made after that date follows Section 379 BNSS, while, on a reading of Section 358(2) BNS, the offence itself is charged under the IPC.

Related

• Restrictions on prosecution — CrPC 195, 198 and 198A vs BNSS 215, 219 and 220
• False evidence — IPC 191–195 vs BNS 227–231
• Contempt of the lawful authority of public servants — IPC 172–180 vs BNS 206–215
• Insult to a court and victim identity — IPC 228 and 228A vs BNS 267, 72 and 73
• Trial of warrant-cases — CrPC 238–250 vs BNSS 261–273
• CrPC to BNSS master table

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette of India text, diffed against the official BNSS text): Sections 215, 379 to 391, 531(2)(a).
• Bharatiya Nyaya Sanhita, 2023 (Gazette of India text): Sections 210, 213, 214, 215, 229 to 248 (headings), 267, 358.
• Code of Criminal Procedure, 1973 (original India Code text, with footnotes): Sections 340 to 352. Indian Penal Code, 1860: headings of Sections 175, 178, 179, 180, 228.
• Judgments read (Supreme Court judgment text): Pritish (S_2001_5_302_312_EN.md); Amarsang Nathaji (2016_12_80_89_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.