For taking cognizance of offences enumerated in Section 215(1) of the Bharatiya Nagarik Suraksha…
For the offences in section 215(1)(a), the written complaint must come from the public servant concerned, a public servant to whom that person is administratively…
Choose your answer
For taking cognizance of offences enumerated in Section 215(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (contempt of lawful authority of public servants and offences against public justice), the provision requires:
Answer and explanation
Correct answer A
For the offences in section 215(1)(a), the written complaint must come from the public servant concerned, a public servant to whom that person is administratively subordinate, or a public servant authorised by the person concerned. For the offences in section 215(1)(b), it must come from the court concerned, an officer it authorises in writing, or the court to which it is subordinate.
Option feedback
Option A
Both clauses require a written complaint from the person or court specified in the applicable clause.
Option B
Incorrect. Although the general definition of 'complaint' in Section 2(1)(h) BNSS includes oral and written allegations, Section 215(1) BNSS specifically overrides this by requiring 'the complaint in writing'.
Option C
Incorrect. An oral complaint is insufficient under Section 215(1) BNSS; the complaint must be in writing.
Option D
A police report alone does not replace the written complaint from the competent complainant required by section 215(1).
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