Section 346 CrPC: Procedure where Court considers that case should not be dealt with under section 345
Code of Criminal Procedure, 1973
Section 346 CrPC at a Glance
Section 346 CrPC deals with procedure where Court considers that case should not be dealt with under section 345. From 1 July 2024 it is replaced by Section 385 BNSS.
What Section 346 CrPC Says
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.
Source: Section 346, Code of Criminal Procedure, 1973
Section 346 CrPC in Simple Words
Section 346 of the Code of Criminal Procedure, 1973 is about a case that the Court considers should not be dealt with under Section 345 CrPC.
Where a person is accused of any of the offences referred to in Section 345 CrPC 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 345 CrPC, 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 346 CrPC Applies
- 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.
- 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.
- 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 346 CrPC
When Section 346 CrPC Does Not Apply
- Section 346 CrPC speaks of a case that the Court considers should not be disposed of under Section 345 CrPC. It does not deal with the disposal of a case under Section 345 CrPC itself. Section 345 CrPC is titled Procedure in certain cases of contempt.
- Section 346 CrPC speaks of forwarding a case to a Magistrate. It does not deal with the discharge of an offender on apology. Section 348 CrPC is titled Discharge of offender on submission of apology.
Section 346 CrPC Under BNSS 385: What Changed
Section 346 CrPC is now covered under Section 385 BNSS.
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.
View detailed comparison (CrPC 346 vs BNSS 385) →FAQs on Section 346 CrPC
When may a Court forward a case to a Magistrate under Section 346 CrPC?▼
Where a person accused of any of the offences referred to in Section 345 CrPC 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 345 CrPC, 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 346(1) CrPC?▼
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 346 CrPC?▼
Section 346(2) CrPC says that the Magistrate shall proceed to deal with, as far as may be, as if it were instituted on a police report.
Where is Section 346 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼
Section 346(1) CrPC is found in Section 385(1) BNSS and Section 346(2) CrPC in Section 385(2) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·