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.
Bharatiya Nagarik Suraksha Sanhita
Section 385
Procedure where Court considers that case should not be dealt with under
⚡ Quick Answer Reference: Section 385 BNSS
- Provision: Section 385 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 forward a case to a Magistrate if it decides the accused should be imprisoned, fined over 200 rupees, or if the case is too complex for the Court to handle.
What does Section 385 of BNSS say?
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What does Section 385 of BNSS mean?
Plain English Explanation
This section allows a Court to forward a case to a Magistrate if it decides the accused should be imprisoned, fined over 200 rupees, or if the case is too complex for the Court to handle.
Practical Interpretation
In practice, this section gives Courts the flexibility to transfer cases that require more severe penalties or complex legal consideration to a higher authority, ensuring justice is served appropriately.
Core Legal Purpose
The core purpose is to ensure that cases are handled by the appropriate legal authority, based on the severity of the offence or the complexity of the case, to maintain fairness and efficiency in the legal system.
- •The Court must consider that the case should not be dealt with under section 384.
- •The accused must be suspected of committing one of the offences referred to in section 384.
- •The key legal test is whether the Court believes the case requires a penalty beyond its jurisdiction, such as imprisonment not in default of payment of fine or a fine exceeding 200 rupees.
- •A key exception is when the Court can handle the case under section 384 without needing to forward it to a Magistrate.
Practical Example of Section 385 BNSS
Rajesh is accused of a public disturbance offence that occurred in the Court's presence. The Court decides that Rajesh should be imprisoned for a period that exceeds its jurisdiction. Following section 385, the Court records the facts and Rajesh's statement, then forwards the case to a Magistrate, requiring Rajesh to provide security for his appearance or be taken into custody.
Frequently Asked Questions about Section 385 BNSS
Q: What is the punishment or consequence under Section 385 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for transferring a case to a Magistrate when the Court decides the accused should face penalties beyond its jurisdiction.
Q: Does this section apply to private individuals or public entities?
This section applies to any person accused of an offence referred to in section 384, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
The section does not specify the bailability or cognizability of the offence. It focuses on the procedural aspect of transferring the case to a Magistrate.
Common Questions about Section 385 BNSS
What is Section 385 of BNSS?
Section 385 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where Court considers that case should not be dealt with under". In plain terms: This section allows a Court to forward a case to a Magistrate if it decides the accused should be imprisoned, fined over 200 rupees, or if the case is too complex for the Court to handle.
What is the punishment under Section 385 of BNSS?
Section 385 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 385 of BNSS bailable or non-bailable?
Whether Section 385 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 385 of BNSS?
The essential elements of Section 385 of BNSS are: The Court must consider that the case should not be dealt with under section 384.; The accused must be suspected of committing one of the offences referred to in section 384.; The key legal test is whether the Court believes the case requires a penalty beyond its jurisdiction, such as imprisonment not in default of payment of fine or a fine exceeding 200 rupees..
Landmark Judgments under Section 385 BNSS
Sections commonly cited alongside Section 385
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