Section 384 of BNSS, 2023 — Procedure in Certain Cases of Contempt

Introduction

Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special summary procedure for dealing with certain offences committed in the view or presence of a Court.

The provision enables a Civil, Criminal, or Revenue Court to deal immediately with specified offences committed before it. The Court may detain the offender, take cognizance of the offence on the same day, provide the offender with a reasonable opportunity to show cause, and impose the punishment prescribed by the section.

The provision is designed to protect the dignity, authority and orderly functioning of judicial proceedings while retaining basic procedural safeguards.

Meaning of Section 384

Section 384 applies when one of the specified offences is committed in the view or presence of a Civil, Criminal or Revenue Court.

Instead of requiring the matter to follow the ordinary process of initiating a separate criminal case, the Court is given a limited power to deal with the matter itself through a summary procedure.

The Court may:

• detain the offender in custody;
• take cognizance of the offence before the Court rises on the same day;
• give the offender a reasonable opportunity to show cause;
• conduct the prescribed summary proceedings; and
• impose the punishment authorised by the section.

Object and Purpose

The main purpose of Section 384 is to provide an immediate remedy for specified misconduct occurring directly before the Court.

A Court should be able to maintain order and protect the administration of justice when conduct amounting to a specified offence occurs openly in its presence.

At the same time, Section 384 does not permit punishment without procedural safeguards. The offender must be given a reasonable opportunity of showing cause before punishment is imposed.

Offences Covered

Section 384 applies to specified offences under the Bharatiya Nyaya Sanhita, 2023, namely offences referred to in:

• Section 210 BNS
• Section 213 BNS
• Section 214 BNS
• Section 215 BNS
• Section 267 BNS

The special procedure is therefore not available for every act of contempt, disrespect or disturbance in a courtroom.

The conduct must fall within one of the offences specifically identified by Section 384.

Essential Requirements

1. Specified Offence

The conduct must constitute one of the offences expressly covered by Section 384.

The Court cannot use this special procedure for an offence that falls outside the statutory list.

2. Commission in the View or Presence of the Court

The offence must be committed in the view or presence of the Court.

This is a central requirement because Section 384 is intended to deal with conduct that the Court itself directly observes.

3. Court Must Be a Civil, Criminal or Revenue Court

The provision expressly applies to:

• Civil Courts;
• Criminal Courts; and
• Revenue Courts.

4. Opportunity to Show Cause

Before punishment is imposed, the offender must be given a reasonable opportunity to show cause why the person should not be punished.

This is an important safeguard because the Court is itself dealing with conduct that occurred before it.

Procedure Under Section 384

The procedure can be understood in the following sequence:

1. A specified offence is committed.
2. The offence occurs in the view or presence of a Civil, Criminal or Revenue Court.
3. The Court may detain the offender in custody.
4. The Court may take cognizance of the offence before it rises on the same day.
5. The offender is given a reasonable opportunity to show cause.
6. The Court considers the explanation.
7. If the offence is established, the Court may impose the punishment permitted by Section 384.
8. The Court records the facts, statement, finding and sentence as required by the provision.

Same-Day Cognizance

One of the distinctive features of Section 384 is the ability of the Court to take cognizance before the Court rises on the same day.

This gives the provision its summary and immediate character.

The Court does not necessarily have to wait for a separate complaint to be presented before it can begin the special procedure.

Detention of the Offender

The Court may cause the offender to be detained in custody.

Detention and punishment should be distinguished.

Detention is a procedural power available to the Court while dealing with the matter. It is not itself the final punishment prescribed by Section 384.

The eventual punishment is subject to the limits specifically laid down by the provision.

Opportunity to Show Cause

The requirement of a reasonable opportunity to show cause is one of the most important safeguards in Section 384.

The offender must be allowed to explain why punishment should not be imposed.

Therefore, even though the procedure is summary and can take place immediately, the provision does not authorise the Court to punish a person without giving that person an opportunity to respond.

Punishment

Section 384 provides for:

• Fine up to ₹1,000; and
• in default of payment of the fine, simple imprisonment up to one month.

The punishment is therefore limited by the express statutory ceiling.

The Court cannot impose a punishment beyond the limits authorised by Section 384 when exercising this special summary power.

Recording of Proceedings

Section 384 requires the Court to make a formal record of the proceedings.

The record must contain:

• the facts constituting the offence;
• the statement, if any, made by the offender;
• the finding; and
• the sentence.

This requirement is significant because the proceedings are summary and are conducted by the Court itself.

A proper record provides transparency regarding what occurred and the basis on which the Court reached its conclusion.

Special Requirement for Section 267 BNS

Section 384 contains an additional recording requirement where the offence involved is under Section 267 BNS.

In such a case, the record must state:

• the nature of the judicial proceeding in which the Court was sitting;
• the stage of that proceeding; and
• the nature of the interruption or insult.

Section 267 BNS concerns intentional insult or interruption to a public servant sitting in a judicial proceeding.

The additional recording requirement ensures that the circumstances of the alleged interruption or insult are clearly documented.

Section 384 and Section 267 BNS

Section 267 BNS is particularly relevant to understanding the practical operation of Section 384.

For example, if a person intentionally insults or interrupts a public servant sitting in a judicial proceeding and the conduct occurs directly before the Court, the special procedure under Section 384 may become relevant if the statutory requirements are satisfied.

Where Section 267 BNS is involved, the Court must additionally record the nature and stage of the proceeding and the nature of the interruption or insult.

Section 384 and Section 385

Section 384 and Section 385 provide different procedural approaches.

Section 384 applies where the Court proceeds to deal with the specified offence through the special summary mechanism.

Section 385 deals with cases where the Court considers that the matter should not be dealt with under Section 384.

Thus, Section 384 is not the only possible procedural route available in relation to the relevant conduct.

Section 384 and General Contempt Law

Section 384 should not be understood as covering the entire law relating to contempt of court.

It deals with specific statutory offences identified in the provision and provides a particular criminal procedure for those offences when they are committed in the view or presence of the Court.

Other forms of contempt may be governed by separate statutory or constitutional provisions.

Important Distinctions

Contemptuous Conduct vs. Every Act of Disrespect

Not every act of disrespect towards a judge or Court automatically attracts Section 384.

The conduct must amount to one of the specified offences covered by the provision.

Detention vs. Punishment

The power to detain the offender is different from the punishment ultimately imposed.

The punishment under Section 384 is limited to the fine and default imprisonment specified by the section.

Summary Procedure vs. Absence of Fairness

Summary procedure does not mean that procedural safeguards disappear.

The offender must still be given a reasonable opportunity to show cause.

Court’s Own Knowledge vs. Separate Complaint

Because the conduct occurs in the view or presence of the Court, Section 384 permits the Court itself to take cognizance on the same day.

This distinguishes the procedure from ordinary proceedings that require initiation through the usual mechanisms.

BNSS and CrPC

Section 384 BNSS corresponds to Section 345 of the Code of Criminal Procedure, 1973.

The basic procedural structure has been substantially retained.

The earlier provision also dealt with specified offences committed in the view or presence of a Civil, Criminal or Revenue Court and allowed the Court to:

• detain the offender;
• take cognizance on the same day;
• give the offender an opportunity to show cause;
• impose the prescribed punishment; and
• make the necessary record.

Section 384 BNSS updates the corresponding references to offences under the Bharatiya Nyaya Sanhita, 2023.

The basic principle therefore remains substantially similar to the earlier CrPC framework.

Example

Suppose a person intentionally interrupts a public servant while that public servant is sitting in a judicial proceeding.

The conduct occurs directly in the presence of the Court and falls within the relevant BNS offence.

The Court may invoke Section 384.

The Court may detain the person, take cognizance before the Court rises that day and give the person a reasonable opportunity to explain why punishment should not be imposed.

If the Court finds the offence established, it may impose a fine up to ₹1,000.

If the fine is not paid, simple imprisonment up to one month may follow in accordance with the statutory provision.

The Court must also make the required record of the proceeding.

Common Confusions

Can Section 384 be used for every disturbance in Court?

No.

The conduct must constitute one of the specified offences referred to in Section 384.

Can the Court punish the person immediately without hearing them?

No.

The offender must receive a reasonable opportunity to show cause.

Is detention automatically required?

No.

The section gives the Court the power to detain the offender. It is not an automatic punishment in every case.

Can the Court take cognizance on a later day?

The special mechanism specifically permits cognizance before the Court rises on the same day.

Is Section 384 limited to Criminal Courts?

No.

It expressly covers Civil, Criminal and Revenue Courts.

Is Section 384 the general law of contempt?

No.

It is a specific procedural provision concerning particular BNS offences committed in the view or presence of a Court.

Important Connected Provisions

Section 215 BNSS

Deals with prosecution concerning specified offences affecting the administration of justice.

Section 379 BNSS

Provides the procedure in cases mentioned in Section 215.

Section 382 BNSS

Deals with the procedure of a Magistrate taking cognizance of complaints under the connected provisions.

Section 383 BNSS

Provides the summary procedure for trial for giving false evidence.

Section 384 BNSS

Provides the procedure in certain cases of contempt committed in the view or presence of a Court.

Section 385 BNSS

Provides the procedure where the Court does not proceed under Section 384.

Topic at a Glance

• Topic: Procedure in Certain Cases of Contempt
• BNSS Section: Section 384
• Nature: Special summary procedure
• Applicable Courts: Civil, Criminal and Revenue Courts
• Relevant BNS provisions: Sections 210, 213, 214, 215 and 267
• Key requirement: Offence committed in the view or presence of the Court
• Cognizance: May be taken before the Court rises on the same day
• Detention: Court may detain the offender
• Safeguard: Reasonable opportunity to show cause
• Maximum fine: ₹1,000
• Default imprisonment: Simple imprisonment up to one month
• Record: Facts, offender’s statement, finding and sentence
• Special Section 267 requirement: Nature and stage of proceeding and nature of interruption or insult
• CrPC counterpart: Section 345

Quick Revision

• Section 384 BNSS deals with certain cases of contempt committed in the view or presence of a Court.
• It applies to Civil, Criminal and Revenue Courts.
• The offence must be one of the offences specifically referred to in Section 384.
• The Court may detain the offender.
• The Court may take cognizance before it rises on the same day.
• The offender must receive a reasonable opportunity to show cause.
• The maximum fine is ₹1,000.
• In default of payment, there may be simple imprisonment up to one month.
• The Court must record the facts constituting the offence, statement of the offender, finding and sentence.
• Additional details must be recorded where the offence is under Section 267 BNS.
• Section 384 corresponds to Section 345 CrPC.
• Section 385 provides the alternative procedure where the Court does not proceed under Section 384.

ALSO READ: Section 383 – Summary procedure for trial for giving false evidence

Conclusion

Section 384 BNSS provides a special and immediate procedure for dealing with specified offences committed directly in the view or presence of a Court. It allows the Court to take cognizance and deal with the matter summarily while requiring a reasonable opportunity for the offender to show cause. The provision also requires a proper record of the proceedings and imposes clear limits on the punishment that may be awarded. It substantially continues the framework of Section 345 CrPC while updating the relevant offence references to the BNS.