Where Law meets Integrity

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 marks a significant reform in India’s legal framework, replacing the colonial-era Criminal Procedure Code (CrPC). This new legislation seeks to modernise and streamline legal procedures while safeguarding the integrity of the administration of justice. Among its key provisions are those related to offences that undermine the judicial process, ensuring that the rule of law is upheld and that justice is delivered without hindrance. These provisions address various offences such as perjury, contempt of court, and obstruction of justice, aiming to preserve the fairness and transparency of legal proceedings. This article explores the impact and implications of these provisions under the BNSS.

What is the procedure when a Court believes an inquiry is necessary into an offence related to its proceedings or evidence?

When a Court believes it is expedient in the interests of justice to inquire into an offence related to its proceedings or a document produced or given in evidence, it may:

• Record a finding to that effect.
• Make a written complaint.
• Send the complaint to a Magistrate of the first class with jurisdiction.
• Take sufficient security for the appearance of the accused before such a Magistrate, or, if the offence is non-bailable, send the accused in custody to the Magistrate.
• Bind over any person to appear and give evidence before such a Magistrate.

Can another Court exercise the powers to handle such offences if the original Court does not act?

Yes, if the original Court has not made or rejected a complaint, the Court to which it is subordinate may exercise the same powers to address the offence.

Who is authorised to sign a complaint made under the aforesaid provisions?

The complaint must be signed by:

• An officer appointed by the Court, in the case of a High Court.
• The presiding officer or an authorised officer, in the case of other Courts.

What discretion does a Court have in initiating proceedings for perjury?

The Court’s discretion must be exercised with care and caution. The Court must record a finding that it is necessary for the interests of justice to inquire into the matter. Deliberate perjury must be evident, and mere inaccuracies in statements do not amount to perjury.

What can a person do if their application for a complaint is refused or if a complaint is made against them?

The person may appeal to the superior Court to which the original Court is subordinate. The superior Court may then direct the withdrawal or the making of the complaint.

Are orders regarding complaints and appeals final?

Yes, orders related to complaints and appeals are final and not subject to revision.

Can a Court award costs in relation to applications for complaints or appeals?

Yes, a Court may make an order regarding costs as it considers just.

How does a Magistrate handle a complaint received under the aforesaid provisions?

The Magistrate must proceed as though the case was instituted on a police report. If an appeal is pending in the judicial proceeding that gave rise to the complaint, the Magistrate may adjourn the case until the appeal is resolved.

What happens when a witness knowingly gives false evidence during judicial proceedings?

If a Court believes that a witness knowingly or willfully gave false evidence, it may:

• Summarily try the offender.
• Sentence the offender to up to three months of imprisonment, a fine of up to INR 1,000, or both.
• The Court must follow summary trial procedures and may stay proceedings if an appeal or revision is pending.

What actions can a Court take if an offence is committed in its presence?

For offences committed in the presence of a Court, it may:

• Detain the offender in custody.
• Sentence the offender to a fine not exceeding INR 1,000, or simple imprisonment up to one month if the fine is not paid.
• The Court must record the facts of the offence, the offender’s statement, and the decision.

What happens if the Court does not directly handle contempt cases?

If the Court decides not to directly handle contempt cases (e.g., requiring imprisonment or a higher fine), it may forward the case to a Magistrate. It must record the facts of the offence and the accused’s statement.

Can Registrars and Sub-Registrars act as Civil Courts for handling contempt cases?

Yes, the State Government may direct that Registrars and Sub-Registrars under the Registration Act, 1908, be deemed Civil Courts for handling contempt cases.

Can a Court discharge an offender or remit punishment for contempt?

Yes, a Court may discharge an offender or remit punishment if the offender complies with its orders or makes a satisfactory apology.

What happens if a witness refuses to answer questions or produce documents?

If a witness refuses to answer questions or produce documents, the Court may:

• Sentence them to simple imprisonment for up to seven days.
• Commit them to custody until they comply or until further action is taken under contempt provisions.

How does a Court handle a witness who fails to appear after being summoned?

The Court may summarily try and fine the witness up to INR 500 if they fail to appear or leave without permission, provided it is in the interests of justice.

Can appeals be filed against convictions for contempt or false evidence?

Yes, appeals may be filed against convictions in Courts other than the High Court. The appellate Court can alter, reverse, or reduce the sentence. Appeals against convictions by Small Causes Courts or Registrars/Sub-Registrars are directed to the Court of Session.

Are Judges and Magistrates allowed to try offences committed in their presence?

Judges and Magistrates (excluding High Court Judges) cannot try offences committed in their presence, except under specific provisions for summary trials.

Therefore, the Bharatiya Nagarik Suraksha Sanhita, 2023, plays a crucial role in strengthening the administration of justice in India by effectively addressing offences that disrupt legal processes. With its emphasis on accountability and deterrence, the BNSS aims to prevent misconduct that compromises the judicial system’s efficiency and fairness. These provisions not only aim to protect the sanctity of the judiciary but also reinforce the public’s trust in the legal system. As India moves forward with this new legislation, it is essential to strike a balance between strong enforcement and ensuring that justice remains accessible, fair and impartial for all citizens of the country.

 Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.