Section 345 CrPC: Procedure in certain cases of contempt

Code of Criminal Procedure, 1973

Section 345 CrPC at a Glance

Section 345 CrPC deals with procedure in certain cases of contempt. From 1 July 2024 it is replaced by Section 384 BNSS.

Now BNSS

Section 384 →

What Section 345 CrPC Says

345. Procedure in certain cases of contempt
(1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) 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 two hundred 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 228 of the Indian Penal Code (45 of 1860), 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 345, Code of Criminal Procedure, 1973

Section 345 CrPC in Simple Words

Section 345 of the Code of Criminal Procedure, 1973 deals with certain cases of contempt.

When any such offence as is described in Section 175 IPC, Section 178 IPC, Section 179 IPC, Section 180 IPC or Section 228 IPC 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 two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month.

When Section 345 CrPC Applies

Under Section 345(1) CrPC, the section applies when any such offence as is described in Section 175 IPC, Section 178 IPC, Section 179 IPC, Section 180 IPC or Section 228 IPC of the Indian Penal Code is committed in the view or presence of any Civil, Criminal, or Revenue Court.
Under Section 345(1) CrPC, 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 345(1) CrPC, 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 two hundred 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 345(2) CrPC, 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 345(3) CrPC, if the offence is under Section 228 IPC, 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 345 CrPC

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 345 CrPC

An offence described in Section 228 IPC is committed in the view or presence of a Civil Court. Under Section 345(1) of the Code of Criminal Procedure, 1973, 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 two hundred rupees. Under Section 345(3) CrPC, 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 345 CrPC Does Not Apply

Section 345 CrPC 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 175 IPC, Section 178 IPC, Section 179 IPC, Section 180 IPC or Section 228 IPC.
Section 345(1) CrPC speaks of a sentence of fine not exceeding two hundred rupees and, in default of payment of fine, simple imprisonment. It does not speak of any other kind of sentence.

Section 345 CrPC Under BNSS 384: What Changed

Section 345 CrPC is now covered under Section 384 BNSS.

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.

View detailed comparison (CrPC 345 vs BNSS 384) →

FAQs on Section 345 CrPC

When does Section 345(1) CrPC apply?▼

Under Section 345(1) of the Code of Criminal Procedure, 1973, the provision applies when any such offence as is described in Section 175 IPC, Section 178 IPC, Section 179 IPC, Section 180 IPC or Section 228 IPC 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 345(1) CrPC?▼

Under Section 345(1) of the Code of Criminal Procedure, 1973, 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 two hundred 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 345(2) CrPC and Section 345(3) CrPC?▼

Under Section 345(2) of the Code of Criminal Procedure, 1973, 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 345(3) CrPC, if the offence is under Section 228 IPC, 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.

Where is Section 345 CrPC found in BNSS from 1 July 2024?▼

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 345 CrPC is found in Section 384 BNSS. Section 345(1) CrPC is found in Section 384(1) BNSS, Section 345(2) CrPC in Section 384(2) BNSS and Section 345(3) CrPC in Section 384(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·