Source: Karnataka High Court 

Why in News? 

A bench of Justice Hemant Chandangoudar held that before initiating a complaint under Section 379 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) the Court must apply it’s judicial mind and come to a conclusion with reasons that it is necessary to hold preliminary inquiry or initiate a complaint. 

• The Karnataka High Court held this in the case of Mr K Ganesh Babu v. The State of Karnataka (2025). 

What was the Background of Mr K Ganesh Babu v. The State of Karnataka (2025) Case?   

• The petitioner, Mr. K. Ganesh Babu, is challenging an order dated 23rd January 2025, passed by the V Additional City Civil and Sessions Judge in Bengaluru. 
• The challenged order directed the court office to register a separate C. Misc. Petition based on IA No. 26 filed by the plaintiffs. 
• The respondent filed application IA No. 26 under Section 379 read with Section 215 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), alleging that the petitioner (defendant No. 11) submitted a false affidavit amounting to perjury. 
• Section 379 of the BNSS requires that before conducting an inquiry into offences affecting the administration of justice, the court must form an opinion that such inquiry is "expedient in the interest of justice."

What were the Court’s Observations?

• The trial court failed to adhere to the procedural requirements under Section 379 of the BNSS Act, 2023, by not forming or recording an opinion that an inquiry was "expedient in the interest of justice" before directing registration of a Criminal Miscellaneous petition. 
• Section 379 of the BNSS Act imposes a twofold statutory requirement:  
  • The Court must form an opinion that it is expedient in the interest of justice to inquire into the alleged offence.  
  • The Court must record a finding to that effect before directing a complaint be registered. 
• The procedural non-compliance rendered the impugned direction procedurally unsustainable under law. 
• The case decisions cited by respondent's counsel (Iqbal Singh Marwah and Another v. Meenakshi Marwah and Another (2005) and Pritish v. State of Maharashtra and Others (2001)) were found to be distinguishable from the present case. 
• The High Court relied on the ruling in Amarsang Nathaji v. Hardik Harshadbhai Patel and Others (2016), which established that courts must form an opinion that "it is expedient in the interest of justice" to initiate an inquiry into offences of false affidavit. 
• Under Section 380 of the BNSS Act, appeals are limited to two types of orders: those refusing to make a complaint and those directing the filing of a complaint after forming the requisite opinion. 
• Since the trial court merely directed registration without forming an opinion, no statutory appellate or revisional remedy existed under the BNSS Act, making invocation of the High Court's inherent jurisdiction appropriate and the petition legally maintainable.

What is Section 379 of BNSS? 

• Subsection (1): 
  • When a court believes it is expedient in the interests of justice, it may inquire into offences under Section 215(1)(b) committed in relation to court proceedings or documents. 
  • After conducting any necessary preliminary inquiry, the court may:  
    • Record a finding about the offence. 
    • Make a written complaint. 
    • Send the complaint to a first-class Magistrate with jurisdiction. 
    • Take security for the accused's appearance or send them in custody if the offence is non-bailable. 
    • Bind any person to appear and give evidence before the Magistrate. 

Subsection (2): 

• The power given to a court under subsection (1) may be exercised by a superior court if the original court has neither made nor rejected a complaint regarding the offence. 

Subsection (3): 

• A complaint made under this section must be signed by an appointed officer if made by a High Court. 
• For other courts, the complaint must be signed by the presiding officer or by an officer authorized in writing. 

Subsection (4) 

• The term "Court" in this section has the same meaning as defined in section 215 of the BNSS Act.