Section 348 CrPC: Discharge of offender on submission of apology

Code of Criminal Procedure, 1973

Section 348 CrPC at a Glance

Section 348 CrPC deals with discharge of offender on submission of apology. From 1 July 2024 it is replaced by Section 387 BNSS.

Now BNSS

Section 387 →

What Section 348 CrPC Says

348. Discharge of offender on submission of apology

When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

Source: Section 348, Code of Criminal Procedure, 1973

Section 348 CrPC in Simple Words

Section 348 of the Code of Criminal Procedure, 1973 is about discharge of an offender on submission or apology.

Where a Court has under Section 345 CrPC adjudged an offender to punishment, or has under Section 346 CrPC forwarded the offender to a Magistrate for trial, for refusing or omitting to do anything which the offender was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on the submission of the offender to the order or requisition of such Court, or on apology being made to its satisfaction.

When Section 348 CrPC Applies

  • The Court has under Section 345 CrPC adjudged an offender to punishment, or has under Section 346 CrPC forwarded the offender to a Magistrate for trial.
  • The adjudging or forwarding was for refusing or omitting to do anything which the offender was lawfully required to do or for any intentional insult or interruption.
  • The Court may, in its discretion, discharge the offender or remit the punishment.
  • The Court may do so on the submission of the offender to the order or requisition of such Court, or on apology being made to its satisfaction.

Example of Section 348 CrPC

Under Section 345 CrPC, a Court adjudges Vikram to punishment for an intentional insult to the Court. Vikram submits to the order of the Court, or an apology is made to the satisfaction of the Court. Under Section 348 CrPC, the Court may, in its discretion, discharge Vikram or remit the punishment.

When Section 348 CrPC Does Not Apply

  • Section 348 CrPC speaks of an offender adjudged to punishment under Section 345 CrPC or forwarded to a Magistrate under Section 346 CrPC. It does not deal with a person who refuses to answer or to produce a document. Section 349 CrPC is titled Imprisonment or committal of person refusing to answer or produce document.

Section 348 CrPC Under BNSS 387: What Changed

Section 348 CrPC is now covered under Section 387 BNSS.

Section 348 CrPC and Section 387 BNSS have the same heading and the same text, except for renumbered cross-references. Section 387 BNSS refers to Section 384 BNSS and Section 385 BNSS where Section 348 CrPC referred to Section 345 CrPC and Section 346 CrPC.

View detailed comparison (CrPC 348 vs BNSS 387) →

FAQs on Section 348 CrPC

When may a Court discharge an offender or remit punishment under Section 348 CrPC?▼

Where a Court has under Section 345 CrPC adjudged an offender to punishment, or has under Section 346 CrPC forwarded the offender to a Magistrate for trial, for refusing or omitting to do anything which the offender was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment.

On what footing may the Court discharge the offender or remit the punishment under Section 348 CrPC?▼

On the submission of the offender to the order or requisition of such Court, or on apology being made to its satisfaction.

Whose discretion does Section 348 CrPC speak of?▼

The text says that the Court may, in its discretion, discharge the offender or remit the punishment.

Where is Section 348 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 348 CrPC has no sub-sections, and maps as a whole to Section 387 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·