Section 385 BNSS: Procedure where Court considers that case should not be dealt with under section 384

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 385 BNSS at a Glance

Section 385 BNSS deals with procedure where Court considers that case should not be dealt with under section 384. It replaced Section 346 CrPC on 1 July 2024.

Was CrPC

Section 346 →

Section 385 BNSS Bare Act Text

(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.

Source: Section 385, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 385 BNSS in Simple Words

Section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about a case that the Court considers should not be dealt with under Section 384 BNSS.

Where a person is accused of any of the offences referred to in Section 384 BNSS and committed in the view or presence of the Court, and 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, 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.

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.

When Section 385 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 385 BNSS

Ramesh is accused of an offence referred to in Section 384 BNSS, committed in the view or presence of a Court. The Court considers that a fine exceeding two hundred rupees should be imposed on Ramesh. After recording the facts constituting the offence and the statement of Ramesh, the Court may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of Ramesh before the Magistrate. If sufficient security is not given, the Court shall forward Ramesh in custody to the Magistrate.

When Section 385 BNSS Does Not Apply

  • Section 385 BNSS speaks of a case that the Court considers should not be disposed of under Section 384 BNSS. It does not deal with the disposal of a case under Section 384 BNSS itself. Section 384 BNSS is titled Procedure in certain cases of contempt.
  • Section 385 BNSS speaks of forwarding a case to a Magistrate. It does not deal with the discharge of an offender on apology. Section 387 BNSS is titled Discharge of offender on submission of apology.

Section 385 BNSS in the CrPC (Previous Law)

Section 385 BNSS replaced Section 346 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 385 BNSS

When may a Court forward a case to a Magistrate under Section 385 BNSS?▼

Where a person accused of any of the offences referred to in Section 384 BNSS and committed in the view or presence of the Court should be imprisoned otherwise than in default of payment of fine, or a fine exceeding two hundred rupees should be imposed, or the Court is for any other reason of opinion that the case should not be disposed of under Section 384 BNSS, the Court may forward the case to a Magistrate having jurisdiction to try the same.

What may the Court require, or do, when forwarding the case under Section 385(1) BNSS?▼

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. It forwards the case after recording the facts constituting the offence and the statement of the accused as hereinbefore provided.

How does the Magistrate deal with a case forwarded under Section 385 BNSS?▼

Section 385(2) BNSS says that the Magistrate shall proceed to deal with, as far as may be, as if it were instituted on a police report.

What changed from Section 346 CrPC to Section 385 BNSS from 1 July 2024?▼

Section 385 BNSS has the same text as Section 346 CrPC, except for renumbered cross-references. Section 385 BNSS and its heading refer to Section 384 BNSS where Section 346 CrPC and its heading referred to Section 345 CrPC.

Section 385 BNSS: Sub-sections Explained

Section 385(1) BNSS: Procedure where Court considers that case should not be dealt with under section 345

▶

Bare Act Text

(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.

Previous Law

CrPC 346 → Section 385(1) BNSS

Section 385(2) BNSS: Procedure where Court considers that case should not be dealt with under section 345

▶

Bare Act Text

(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.

Previous Law

CrPC 346(2) → Section 385(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·