Section 384 BNSS: Procedure in certain cases of contempt

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 384 BNSS at a Glance

Section 384 BNSS deals with procedure in certain cases of contempt. It replaced Section 345 CrPC on 1 July 2024.

Was CrPC

Section 345 →

Section 384 BNSS Bare Act Text

(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 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 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, 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.

Source: Section 384, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 384 BNSS in Simple Words

Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with certain cases of contempt.

When any such offence as is described in Section 210 BNS, Section 213 BNS, Section 214 BNS, Section 215 BNS or Section 267 BNS 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.

At any time before the rising of the Court on the same day, the Court may take cognizance of the offence and 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.

When Section 384 BNSS Applies

  • Under Section 384(1) BNSS, the section applies when any such offence as is described in Section 210 BNS, Section 213 BNS, Section 214 BNS, Section 215 BNS or Section 267 BNS of the Bharatiya Nyaya Sanhita, 2023 is committed in the view or presence of any Civil, Criminal, or Revenue Court.
  • Under Section 384(1) BNSS, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court on the same day, take cognizance of the offence.
  • Under Section 384(1) BNSS, after giving the offender a reasonable opportunity of showing cause why he should not be punished, the Court may 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.
  • Under Section 384(2) BNSS, 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.
  • Under Section 384(3) BNSS, if the offence is under Section 267 BNS, 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.

Time Limits Under Section 384 BNSS

  • The Court may take cognizance of the offence at any time before the rising of the Court on the same day.Act text: “at any time before the rising of the Court on the same day”

Example of Section 384 BNSS

An offence described in Section 267 BNS is committed in the view or presence of a Civil Court. Under Section 384(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may cause the offender to be detained in custody and, at any time before the rising of the Court on the same day, take cognizance of the offence. After giving the offender a reasonable opportunity of showing cause why the offender should not be punished, the Court may sentence the offender to fine not exceeding one thousand rupees. Under Section 384(3) BNSS, 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.

When Section 384 BNSS Does Not Apply

  • Section 384 BNSS speaks of an offence committed in the view or presence of any Civil, Criminal, or Revenue Court. It does not by its words reach an offence that is not described in Section 210 BNS, Section 213 BNS, Section 214 BNS, Section 215 BNS or Section 267 BNS.
  • Section 384(1) BNSS speaks of a sentence of fine not exceeding one thousand rupees and, in default of payment of fine, simple imprisonment. It does not speak of any other kind of sentence.

Section 384 BNSS in the CrPC (Previous Law)

Section 384 BNSS replaced Section 345 CrPC from 1 July 2024.

Section 345 of the Code of Criminal Procedure, 1973 is found in Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 384(1) BNSS refers to Section 210 BNS, Section 213 BNS, Section 214 BNS, Section 215 BNS and Section 267 BNS where Section 345(1) CrPC referred to Section 175 IPC, Section 178 IPC, Section 179 IPC, Section 180 IPC and Section 228 IPC. It states the fine as not exceeding one thousand rupees where Section 345(1) CrPC stated not exceeding two hundred rupees. Section 384(3) BNSS refers to Section 267 BNS where Section 345(3) CrPC referred to Section 228 IPC.

Each sub-section below names its own source.

FAQs on Section 384 BNSS

When does Section 384(1) BNSS apply?▼

Under Section 384(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision applies when any such offence as is described in Section 210 BNS, Section 213 BNS, Section 214 BNS, Section 215 BNS or Section 267 BNS 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.

What sentence may the Court pass under Section 384(1) BNSS?▼

Under Section 384(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may, after giving the offender a reasonable opportunity of showing cause why he should not be punished, 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.

What must the Court record under Section 384(2) BNSS and Section 384(3) BNSS?▼

Under Section 384(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. Under Section 384(3) BNSS, if the offence is under Section 267 BNS, the record shall also 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.

What changed from Section 345 CrPC to Section 384 BNSS from 1 July 2024?▼

From 1 July 2024, Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 345 of the Code of Criminal Procedure, 1973. The heading is the same. Section 384(1) BNSS refers to offences described in the Bharatiya Nyaya Sanhita, 2023 where Section 345(1) CrPC referred to offences described in the Indian Penal Code. Section 384(1) BNSS states the limit of the fine as one thousand rupees, which differs from the limit of the fine stated in Section 345(1) CrPC. Section 384(3) BNSS refers to Section 267 BNS where Section 345(3) CrPC referred to Section 228 IPC. Section 384(2) BNSS has the same text as Section 345(2) CrPC.

Section 384 BNSS: Sub-sections Explained

Section 384(1) BNSS: Procedure in certain cases of contempt

▶

Bare Act Text

(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 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 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.

Previous Law

CrPC 345 → Section 384(1) BNSS

Section 384(2) BNSS: Procedure in certain cases of contempt

▶

Bare Act Text

(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.

Previous Law

CrPC 345(2) → Section 384(2) BNSS

Section 384(3) BNSS: Procedure in certain cases of contempt

▶

Bare Act Text

(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 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.

Previous Law

CrPC 345(3) → Section 384(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·