CrPC Section 346 — Procedure where Court considers that case should not be dealt with under section 345

Summary

Sub-section (1) applies when a Court considers that a person accused of an offence referred to in section 345, committed in the Court’s view or presence, should receive imprisonment other than imprisonment for not paying a fine, or a fine of more than two hundred rupees. It also applies if the Court considers for any other reason that the case should not be dealt with under section 345. After recording the facts constituting the offence and the accused person’s statement as provided earlier, the Court may send the case to a Magistrate with jurisdiction to try it. The Court may require the person to provide security to appear before the Magistrate; if sufficient security is not provided, it must send the person in custody.

Sub-section (2) says that the Magistrate receiving a case sent under this section must deal with it, as far as may be, as if it had been 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 345 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 345, 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.

Sections referred to

• CrPC §345 — Procedure in certain cases of contempt

Referred to by

• 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

Old <-> New Code Mapping

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