(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of 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 the Bharatiya Nyaya 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.
Bharatiya Nagarik Suraksha Sanhita
Section 384
Procedure in certain cases of contempt
⚡ Quick Answer Reference: Section 384 BNSS
- Provision: Section 384 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: This section allows a court to punish someone for contempt if they commit certain offenses in the court's presence, with a fine or imprisonment.
What does Section 384 of BNSS say?
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What does Section 384 of BNSS mean?
Plain English Explanation
This section allows a court to punish someone for contempt if they commit certain offenses in the court's presence, with a fine or imprisonment.
Practical Interpretation
In practice, this section gives courts the power to immediately address and punish contemptuous behavior that disrupts proceedings, ensuring order and respect in the courtroom.
Core Legal Purpose
The core purpose is to maintain the dignity and authority of the court by providing a swift and effective mechanism to deal with contemptuous acts committed in its presence.
- •The offence must be one described in sections 210, 213, 214, 215, or 267 of the Sanhita, 2023.
- •The offence must be committed in the view or presence of a Civil, Criminal, or Revenue Court.
- •The court must give the offender a reasonable opportunity to show cause why they should not be punished.
- •The punishment is limited to a fine not exceeding one thousand rupees or simple imprisonment for up to one month.
Practical Example of Section 384 BNSS
Rajesh, while attending a hearing in a Bharatiya Nyaya Court, shouts at the judge, disrupting the proceedings. The court, under Section 384, detains Rajesh and, after giving him a chance to explain his behavior, fines him five hundred rupees for contempt. If Rajesh fails to pay the fine, he may be imprisoned for up to one month.
Frequently Asked Questions about Section 384 BNSS
Q: What is the punishment or consequence under Section 384 of BNSS?
The punishment under this section is a fine not exceeding one thousand rupees, and in default of payment of the fine, simple imprisonment for a term which may extend to one month.
Q: Does this section apply to private individuals or public entities?
This section applies to anyone who commits the specified offenses in the presence of a court, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
The statutory text does not explicitly classify the offence as bailable or cognizable, focusing instead on the procedure for contempt in the court's presence.
Common Questions about Section 384 BNSS
What is Section 384 of BNSS?
Section 384 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in certain cases of contempt". In plain terms: This section allows a court to punish someone for contempt if they commit certain offenses in the court's presence, with a fine or imprisonment.
What is the punishment under Section 384 of BNSS?
Section 384 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 384 of BNSS bailable or non-bailable?
Whether Section 384 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 384 of BNSS?
The essential elements of Section 384 of BNSS are: The offence must be one described in sections 210, 213, 214, 215, or 267 of the Sanhita, 2023.; The offence must be committed in the view or presence of a Civil, Criminal, or Revenue Court.; The court must give the offender a reasonable opportunity to show cause why they should not be punished..
Landmark Judgments under Section 384 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 384
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