Code
Summary Punishment for Contempt or Offences in Court
(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 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, 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
Explanation of Section 384 BNSS
Section 384 BNSS provides courts with the power to immediately punish individuals who commit specific offences in the presence of the Court. This ensures that judicial proceedings remain dignified, uninterrupted, and free from misconduct.
Key Provisions:
- Offences Covered Under Section 384 BNSS
The section applies when any offence listed in the following sections is committed in the Court’s presence:- Section 209 BNSS – False claims in court
- Section 211 BNSS – False charges with intent to injure
- Section 212 BNSS – Harboring offenders
- Section 213 BNSS – Taking gifts to screen offenders
- Section 265 BNSS – Contempt or insult of the Court
- Immediate Detention and Cognizance
- The Court can detain the offender on the spot.
- The case must be taken up on the same day before the Court rises.
- Punishment for the Offender
- Fine up to ₹1,000
- Simple imprisonment up to one month (if the fine is not paid)
- Requirement to Maintain Records
- The Court must record all details of the offence and the proceedings.
- Special Provision for Section 265 BNSS Cases
- The record must clearly state how the Court was insulted or interrupted during a judicial proceeding.
Illustration
Example 1: False Allegation in Court (Section 211 BNSS)
A person falsely accuses someone of a serious crime in the presence of the Court. If the Court realizes that the accusation was malicious and unfounded, it may immediately detain the person, hear their defense, and fine them ₹1,000 under Section 384 BNSS.
Example 2: Contempt of Court (Section 265 BNSS)
During a trial, an individual verbally abuses the judge and refuses to stop despite warnings. The Court, under Section 384 BNSS, may detain the person immediately, record the act of insult, and sentence them to simple imprisonment for one month if they fail to pay the fine.
Common Questions and Answers on Section 384 BNSS
1. What is the purpose of Section 384 BNSS?
This section ensures that courts can immediately punish misconduct occurring in their presence to maintain judicial authority and order.
2. Can a judge punish someone on the spot under Section 384 BNSS?
Yes, the judge can detain the offender immediately, but they must provide an opportunity to defend themselves before imposing punishment.
3. What is the maximum punishment under Section 384 BNSS?
- Fine up to ₹1,000
- Simple imprisonment up to one month (if the fine is not paid)
4. Does this section apply to contempt of court cases?
Yes, if the offence falls under Section 265 BNSS, the Court can punish the offender on the same day.
5. Is there any appeal against a punishment under Section 384 BNSS?
Since this section allows summary punishment, appeals may be limited. However, the offender may challenge the order through higher judicial forums.
Conclusion
Section 384 BNSS plays a crucial role in ensuring respect for the judicial process. It empowers courts to punish individuals who disrupt proceedings or commit offences in their presence. By enforcing immediate consequences, it helps maintain the integrity of the legal system.
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