When any Court has under section 384 adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.
Bharatiya Nagarik Suraksha Sanhita
Section 387
Discharge of offender on submission of apology
Englishहिंदी
⚡ Quick Answer Reference: Section 387 BNSS
- Provision: Section 387 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 discharge or reduce punishment if the offender apologizes or complies with a court order after being found guilty of refusing to do something lawful or insulting the court.
Statutory Content
What does Section 387 of BNSS say?
Indian StandardSection 387, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 387 (India)
Court Pleading StandardSection 387 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/387
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 387 of BNSS mean?
Plain English Explanation
This section allows a court to discharge or reduce punishment if the offender apologizes or complies with a court order after being found guilty of refusing to do something lawful or insulting the court.
Practical Interpretation
In practice, this section gives courts flexibility to handle cases where offenders show remorse or comply with orders, potentially reducing punishment or dismissing the case.
Core Legal Purpose
The core purpose is to provide an alternative to punishment for offenders who demonstrate compliance or remorse, promoting a more rehabilitative approach to justice.
Key Legal Elements
- •The offender must have been adjudged to punishment under section 384 or forwarded for trial under section 385.
- •The offender must submit to the court's order or make an apology to the court's satisfaction.
- •The key legal test is the court's discretion in deciding whether to discharge or remit punishment based on the offender's submission or apology.
- •A key limitation is that the court's decision is discretionary, and not all submissions or apologies may lead to discharge or reduced punishment.
Practical Example
Practical Example of Section 387 BNSS
Rajesh, found guilty of intentionally insulting the court, apologizes sincerely to the judge's satisfaction. The court, using its discretion under this section, decides to discharge Rajesh, considering his apology and willingness to comply with the court's orders.
Common Questions (FAQ)
Frequently Asked Questions about Section 387 BNSS
Q: What is the punishment or consequence under Section 387 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the conditions under which an offender may be discharged or have their punishment remitted.
Q: Does this section apply to private individuals or public entities?
The section applies to any offender who has been adjudged to punishment or forwarded for trial under the specified sections, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not classify an offence as bailable or cognizable. It pertains to the procedural aspect of discharging or remitting punishment based on the offender's submission or apology.
People Also Ask (PAA)
Common Questions about Section 387 BNSS
What is Section 387 of BNSS?
Section 387 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Discharge of offender on submission of apology". In plain terms: This section allows a court to discharge or reduce punishment if the offender apologizes or complies with a court order after being found guilty of refusing to do something lawful or insulting the court.
What is the punishment under Section 387 of BNSS?
Section 387 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 387 of BNSS bailable or non-bailable?
Whether Section 387 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 387 of BNSS?
The essential elements of Section 387 of BNSS are: The offender must have been adjudged to punishment under section 384 or forwarded for trial under section 385.; The offender must submit to the court's order or make an apology to the court's satisfaction.; The key legal test is the court's discretion in deciding whether to discharge or remit punishment based on the offender's submission or apology..
Landmark Case Laws
Landmark Judgments under Section 387 BNSS
Patnahcucisdb94 High Court (10 8)
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