Section 379 of BNSS : Section 379: Procedure in cases mentioned in section 215.

Explanation using Example

Example 1:

Scenario: False Evidence in a Civil Case

Ravi is involved in a civil lawsuit regarding a property dispute in a District Court. During the proceedings, Ravi submits a document claiming it as the original property deed. However, the opposing party, Suresh, suspects the document is forged and files an application under Section 215 for an inquiry into the authenticity of the document.

Application of Section 215:

1. The District Court, upon receiving the application, conducts a preliminary inquiry and finds sufficient grounds to believe that the document might be forged.
2. The Court records a finding that an inquiry is necessary in the interest of justice.
3. The Court makes a written complaint and sends it to a Magistrate of the first class having jurisdiction.
4. The Court takes sufficient security from Ravi to ensure his appearance before the Magistrate.
5. The Court binds over Suresh to appear and give evidence before the Magistrate.

Outcome: The Magistrate conducts a detailed inquiry into the matter. If the document is found to be forged, Ravi could face legal consequences for submitting false evidence.

Example 2:

Scenario: Perjury in a Criminal Trial

During a criminal trial in a Sessions Court, a witness named Priya gives testimony under oath. Later, it is discovered that Priya lied during her testimony to protect the accused, her friend. The prosecution files an application under Section 215 for an inquiry into Priya's perjury.

Application of Section 215:

1. The Sessions Court, upon reviewing the application, conducts a preliminary inquiry and determines that Priya's false testimony could have affected the administration of justice.
2. The Court records a finding that an inquiry into the perjury is necessary.
3. The Court makes a written complaint and sends it to a Magistrate of the first class having jurisdiction.
4. The Court takes sufficient security from Priya to ensure her appearance before the Magistrate.
5. The Court binds over the prosecution lawyer to appear and give evidence before the Magistrate.

Outcome: The Magistrate conducts a detailed inquiry into Priya's testimony. If it is confirmed that Priya committed perjury, she could be charged and penalized for giving false evidence under oath.

Example 3:

Scenario: Tampering with Evidence in a Family Court

In a divorce case in a Family Court, one party, Anjali, submits a series of emails as evidence of her spouse's infidelity. The opposing party, Raj, claims that the emails have been tampered with and files an application under Section 215 for an inquiry into the authenticity of the emails.

Application of Section 215:

1. The Family Court, upon receiving the application, conducts a preliminary inquiry and finds that there are reasonable grounds to suspect tampering.
2. The Court records a finding that an inquiry is necessary in the interest of justice.
3. The Court makes a written complaint and sends it to a Magistrate of the first class having jurisdiction.
4. The Court takes sufficient security from Anjali to ensure her appearance before the Magistrate.
5. The Court binds over Raj to appear and give evidence before the Magistrate.

Outcome: The Magistrate conducts a detailed inquiry into the emails. If it is found that the emails were indeed tampered with, Anjali could face legal consequences for submitting falsified evidence.

Example 4:

Scenario: Misleading Financial Records in a Corporate Case

In a corporate fraud case in a High Court, a company submits financial records to prove its innocence. However, an internal whistleblower reveals that the records were manipulated. The opposing party files an application under Section 215 for an inquiry into the financial records.

Application of Section 215:

1. The High Court, upon receiving the application, conducts a preliminary inquiry and finds sufficient grounds to believe that the financial records might be manipulated.
2. The Court records a finding that an inquiry is necessary in the interest of justice.
3. The Court makes a written complaint and sends it to a Magistrate of the first class having jurisdiction.
4. The Court takes sufficient security from the company's representative to ensure their appearance before the Magistrate.
5. The Court binds over the whistleblower to appear and give evidence before the Magistrate.

Outcome: The Magistrate conducts a detailed inquiry into the financial records. If it is confirmed that the records were manipulated, the company could face severe legal consequences for submitting false evidence.