CrPC 346→BNSS 385

CrPC 346 to BNSS 385: Procedure where Court considers that case should not be dealt with under section 345

Section 346 CrPC (1973) replaced by Section 385 BNSS (2023)

View CrPC Section 346 →View BNSS Section 385 →

CrPC 346 to BNSS 385 at a Glance

Section 346 CrPC (Procedure where Court considers that case should not be dealt with under section 345) is now Section 385 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 346 to BNSS 385?

Section 346 CrPC and Section 385 BNSS have the same text, except for renumbered cross-references. The heading of Section 385 BNSS and both references in Section 385(1) BNSS are to Section 384 BNSS, where the heading of Section 346 CrPC and the references in Section 346(1) CrPC were to Section 345 CrPC.

CrPC 346 vs BNSS 385: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section346385
HeadingProcedure where Court considers that case should not be dealt with under section 345Procedure where Court considers that case should not be dealt with under section 384
Sub-sections2 sub-sectionsSame
Cross-referencess.345s.384

CrPC 346 and BNSS 385: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 346, CrPC 1973

346. Procedure where Court considers that case should not be dealt with under section 345.—(1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 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 345, 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.
BNSS 2023 (in force)

Section 385, BNSS 2023

385. Procedure where Court considers that case should not be dealt with under 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.

When It Applies: CrPC 346 vs BNSS 385

Under CrPC 346
  1. The person is accused of any of the offences referred to in Section 345 CrPC and committed in the view or presence of the Court.
  2. The Court considers that the person should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed, or is for any other reason of opinion that the case should not be disposed of under Section 345 CrPC.
  3. The Court may forward the case to a Magistrate having jurisdiction to try the same, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided.
  4. The Court may require security to be given for the appearance of the person before the Magistrate, or if sufficient security is not given, shall forward the person in custody to the Magistrate.
  5. The Magistrate to whom the case is forwarded shall proceed to deal with, as far as may be, as if it were instituted on a police report.
Under BNSS 385
  1. The person is accused of any of the offences referred to in Section 384 BNSS and committed in the view or presence of the Court.
  2. The Court considers that the person should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed, or is for any other reason of opinion that the case should not be disposed of under Section 384 BNSS.
  3. The Court may forward the case to a Magistrate having jurisdiction to try the same, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided.
  4. The Court may require security to be given for the appearance of the person before the Magistrate, or if sufficient security is not given, shall forward the person in custody to the Magistrate.
  5. The Magistrate to whom the case is forwarded shall proceed to deal with, as far as may be, as if it were instituted on a police report.

What CrPC 346 to BNSS 385 Means in Practice

A reader of Section 385 BNSS looks to Section 384 BNSS where a reader of Section 346 CrPC looked to Section 345 CrPC.

FAQs: CrPC 346 to BNSS 385

Did Section 385 BNSS change the amount of fine of two hundred rupees in Section 346(1) CrPC?▼

Section 385(1) BNSS has the same words on the fine as Section 346(1) CrPC.

Did Section 385(2) BNSS change how the Magistrate deals with the forwarded case?▼

Section 385(2) BNSS has the same text as Section 346(2) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·