BNSS 384 — Procedure in certain cases of contempt.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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.
385. Procedure   where   Court   considers   that   case   should   not   be   dealt   with   under
section 384.—(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.

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