BNSS Section 385 — Procedure where Court considers that case should not be dealt with under section 384

CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Criminal

Summary

If a court decides that a person accused of a minor offence committed in the court’s presence should be sent to jail (other than for not paying a fine), or should be fined more than two hundred rupees, or for any other reason believes the case should not be handled under the simpler procedure, the court must record the facts of the offence and the accused person’s statement. The court may then send the case to a magistrate who has the authority to try it, and may ask for security to ensure the person appears before that magistrate. If the person does not provide enough security, the court must send them in custody to that magistrate. The magistrate who receives the case will then handle it as if it were a case started on a police report.

Official Text

(1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §346 — Procedure where Court considers that case should not be dealt with under section 384