Procedure in cases mentioned in section 215
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Summary
If a Court thinks an offence connected to its proceedings or to a document produced in evidence needs inquiry, it may after any preliminary inquiry record that finding and make a written complaint. The Court can send the complaint to a first‑class Magistrate, take security for the accused's appearance or, for non‑bailable offences, send the accused in custody, and bind persons to appear and give evidence. A subordinate court may in some cases exercise this power and the complaint must be signed by the presiding officer or an authorised court officer.
Example
Priya puts a forged agreement in as evidence at a hearing. After a brief preliminary inquiry the Court records that an offence appears to have been committed and makes a written complaint. The Court sends the complaint to a first‑class Magistrate, either takes security for Priya's appearance or, if the offence is non‑bailable, sends her in custody, and can bind witnesses to give evidence.
Bare Act
Enacted text(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,-
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(a) record a finding to that effect;
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(b) make a complaint thereof in writing;
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(c) send it to a Magistrate of the first class having jurisdiction;
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(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
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(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,-
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(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
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(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.
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