BNSS Section 384 — Procedure in certain cases of contempt

Summary

If someone commits a specific type of contempt (as listed in certain sections of the Bharatiya Nyaya Sanhita, 2023) directly in front of a Civil, Criminal, or Revenue Court, the Court can immediately detain that person. The Court may then, before it adjourns for the day, formally take up the case, give the person a chance to explain why they should not be punished, and impose a fine of up to one thousand rupees. If the fine is not paid, the person can be sent to simple jail for up to one month. The Court must write down the details of what happened, any statement the person made, and the final decision and punishment; if the offence involved interrupting or insulting a judicial proceeding, the record must also describe the nature and stage of that proceeding and the type of interruption or insult.

Official Text

(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.

(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.

(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

Sections referred to

• BNS §267 — Intentional insult or interruption to public servant sitting in judicial proceeding
• BNSS §210 — Cognizance of offences by Magistrate
• BNSS §213 — Cognizance of offences by Court of Session
• BNSS §214 — Additional Sessions Judges to try cases made over to them
• BNSS §215 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Referred to by

• BNSS §385 — Procedure where Court considers that case should not be dealt with under section 384
• BNSS §386 — When Registrar or Sub-Registrar to be deemed a Civil Court
• BNSS §387 — Discharge of offender on submission of apology
• BNSS §388 — Imprisonment or committal of person refusing to answer or produce document
• BNSS §390 — Appeals from convictions under sections 383, 384, 388 and 389
• BNSS §391 — Certain Judges and Magistrates not to try certain offences when committed before themselves
• BNSS §531 — Repeal and savings

Old <-> New Code Mapping

• CrPC §345 — Procedure in certain cases of contempt