The Orissa High Court recently delivered a significant ruling regarding the procedural application of Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The case concerned the wife of a respondent, who filed an appeal challenging the rejection of her petition seeking criminal proceedings under Section 340 of the Criminal Procedure Code (CrPC), which had been replaced by BNSS. In a crucial decision, the court clarified the need for a preliminary inquiry in criminal proceedings related to offenses under Section 215 of the BNSS.
Case Background:
The appellant, Priyadarshini Amrita Panda, alleged that her husband, Biswajit Pati, had made false statements and suppressed facts in his disclosure affidavits filed before the Family Court. Specifically, the respondent claimed to be the only son of his father, while in reality, he had a brother. Furthermore, the affidavit falsely stated that the respondent's father was dependent on him for maintenance, despite being a well-established lawyer with substantial property.
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The appellant argued that the respondent was guilty of perjury and sought to initiate criminal proceedings under Section 340 of the CrPC, a provision that allows for the prosecution of individuals who intentionally mislead the court by providing false information. However, the trial court rejected the application, stating that the petition lacked sufficient authenticity to warrant a criminal investigation.
Court's Observations and Legal Analysis:
In the appeal before the Orissa High Court, the court had to address whether a preliminary inquiry was mandatory under Section 379 of the BNSS before proceeding with the criminal complaint. The appellant's counsel argued that the trial court had not conducted a preliminary inquiry, as required under the previous provisions of the CrPC. The counsel cited the Supreme Court's decision in State of Punjab v. Jasbir Singh (2022), which emphasized the importance of a preliminary inquiry before a complaint is made in certain cases.
However, the Orissa High Court, led by Justice Gourishankar Satapathy, clarified that Section 379 of BNSS does not make it mandatory to hold a preliminary inquiry in every case. Citing precedents from the Supreme Court in Iqbal Singh Marwah v. Meenakshi Marwah (2005), the court observed:
"The Court is not bound to make a complaint regarding the commission of an offence referred to in Section 195(1)(b), as the Section is conditioned by the words ‘Court is of opinion that it is expedient in the interest of justice.’ This shows that such a course will be adopted only if the interest of justice requires and not in every case."
The court noted that, while a preliminary inquiry may be conducted if the court deems it necessary for the interest of justice, it is not compulsory in every case. In this instance, the court found that the appellant's case involved disputed facts, such as the accuracy of the information in the disclosure affidavits, which would be better addressed during the trial, rather than through a preliminary inquiry.
Given the nature of the allegations and the absence of sufficient material to support the claim of perjury, the Orissa High Court concluded that a preliminary inquiry was not warranted in this case. The court emphasized that Section 379 of BNSS grants discretion to the court, and in this instance, it did not find it "expedient in the interest of justice" to proceed with the complaint. Therefore, the criminal appeal was dismissed.
The court further explained that the application under Section 379 could not be upheld because the allegations raised by the appellant were centered around facts that would need to be clarified during a full trial. The ruling made it clear that the court must exercise discretion when deciding whether to initiate criminal proceedings, and it is not bound to take action solely based on the complaint of a private individual.
Case Title: Priyadarshini Amrita Panda v. Biswajit Pati
Case No: CRLA No. 1257 of 2024
