CrPC Section 345 — Procedure in certain cases of contempt

Summary

Sub-section (1) applies when an offence described in IPC section 175, 178, 179, 180 or 228 is committed in the view or presence of a Civil, Criminal or Revenue Court. The Court may detain the offender in custody and may deal with the offence before the Court rises or on the same day. After giving the offender a reasonable opportunity to explain why they should not be punished under this sub-section, the Court may impose a fine of up to 200 rupees. If the fine is not paid, the Court may impose simple imprisonment for up to one month, unless the fine is paid sooner.

Sub-section (2) requires the Court to record the facts that make up the offence, any statement made by the offender, and the Court’s finding and sentence.

Sub-section (3) applies when the offence is under IPC section 228. The record must state the nature and stage of the judicial proceeding in which the Court was sitting when it was interrupted or insulted, and the nature of the interruption or insult.

Official Text

(1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) 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 or 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 two hundred 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 228 of the Indian Penal Code (45 of 1860), 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

• CrPC §175 — Power to summon persons
• CrPC §178 — Place of inquiry or trial
• CrPC §179 — Offence triable where act is done or consequence ensues
• CrPC §180 — Place of trial where act is an offence by reason of relation to other offence
• IPC §228 — Intentional insult or interruption to public servant sitting in judicial proceeding

Referred to by

• CrPC §346 — Procedure where Court considers that case should not be dealt with under section 345
• CrPC §347 — When Registrar or Sub-Registrar to be deemed a Civil Court
• CrPC §348 — Discharge of offender on submission of apology
• CrPC §349 — Imprisonment or committal of person refusing to answer or produce document
• CrPC §351 — Appeals from convictions under sections 344, 345, 349 and 350
• CrPC §352 — Certain Judges and Magistrates not to try certain offences when committed before themselves

Related Judgments

• PRAKASH GUPTA vs SECURITIES AND EXCHANGE BOARD OF INDIA — Supreme Court of India (2021)
• YOGINATH D. BAGDE vs STATE OF MAHARASHTRA AND ANR — Supreme Court of India (1999)
• MAHIPAL SINGH RANA, ADVOCATE vs STATE OF UTTAR PRADESH — Supreme Court of India (2016)
• G. Sulthan Sha; ... vs The IV Additional District Judge,, Madurai, ...., Prayer:- Criminal Ap — Madras High Court (Madurai Bench) (2023)

Old <-> New Code Mapping

• BNSS §384 — Procedure in certain cases of contempt