Procedure in certain cases of contempt
Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure in certain cases of contempt. 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 (45 of 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 The Act came into force on 01 Jul 2024.
(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 (45 of 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 (45 of 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.
Section 384, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 345 Procedure in certain cases of contempt Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- Bharatiya Nyaya Sanhita s. 267 Intentional insult or interruption to public servant sitting in judicial proceeding
- s. 210 Cognizance of offences by Magistrate
- s. 213 Cognizance of offences by Court of Session
- s. 214 Additional Sessions Judges to try cases made over to them
- s. 215 . Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
Referred to by 7
- s. 385 Procedure where Court considers that case should not be dealt with under section 384
- s. 386 When Registrar or Sub-Registrar to be deemed a Civil Court
- s. 387 Discharge of offender on submission of apology
- s. 388 Imprisonment or committal of person refusing to answer or produce document
- s. 390 Appeals from convictions under sections 383, 384, 388 and 389
- s. 391 Certain Judges and Magistrates not to try certain offences when committed before themselves
- Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act s. 5 Procedure and powers of Commission
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Laxman @ Laxman Rawat vs Hariom Forging (p) LTD
Decided under Code of Criminal Procedure 345, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A litigant cannot be expected to rely solely on court websites for tracking proceedings, as the availability of orders and proceedings on court websites is subject to technical limitations and vagaries of technology. Courts cannot ensure real-time availability of all orders on their websites, and therefore, litigants cannot claim ignorance of proceedings based on non-availability of information on court websites.
On this section: Labour Courts deemed as Civil Courts for specified purposes
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Mohan Lal Jatia vs Registrar General
Decided under Code of Criminal Procedure 345, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A complaint filed by the Registrar General of the Supreme Court under Section 340 Cr.P.C. must be treated as if instituted on a police report in accordance with Section 343(1) Cr.P.C., notwithstanding the provisions of Chapter XV relating to complaint cases. Consequently, the trial shall proceed as a warrant trial case on a police report, and pre-charge evidence recording is not required when the investigating agency (CBI) has already completed its investigation and material is available on record. The procedure under Sections 245 and 246 Cr.P.C. (applicable to warrant trial cases on complaint) does not apply to such cases.
On this section: Prescribes procedure for offences committed in presence of court; allows summary sentencing with limited punishment
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Chimanlal Khushalbhai Patel vs State of Gujarat
Decided under Code of Criminal Procedure 345, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a witness's silence during examination-in-chief is followed by proper testimony and an unconditional apology, and where the witness is a first-time court attendee suffering from health issues, the trial court's finding of contempt of court may be set aside on appeal if it appears to be an overreaction to a trivial matter, particularly when the consequences of the punishment would cause severe hardship to the witness's family and livelihood. The appellate court should exercise discretion under Section 351(1) of the Criminal Procedure Code to quash such conviction when the trial court's approach is found to be unjust, improper, or unreasonable.
On this section: Provides for punishment of witness for contempt of court when witness refuses to answer questions or behaves in a manner showing disrespect to the court. The High Court examined whether the appellant's silence met the threshold for contempt under this section.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 384
What have the courts held on Section 384 of the Bharatiya Nagarik Suraksha Sanhita?
Laxman @ Laxman Rawat vs Hariom Forging (p) LTD (25 Aug 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 345, which this section replaced -- the court never mentioned this Act: Labour Courts deemed as Civil Courts for specified purposes. Another 2 judgments on this section are set out below. They run from 2000 to 2022.
How do I find court cases under Section 384 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 384, section 384 BNSS, section 384 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 384 section and 384 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Laxman @ Laxman Rawat vs Hariom Forging (p) LTD (25 Aug 2022).
What should I read with Section 384 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 267 (Intentional insult or interruption to public servant sitting in judicial proceeding), section 210 (Cognizance of offences by Magistrate), section 213 (Cognizance of offences by Court of Session), section 214 (Additional Sessions Judges to try cases made over to them), and on 1 further provision, so none of them can safely be read on its own. 7 other provisions in this corpus refer back to it. It carries forward CrPC 345 (Procedure in certain cases of contempt), so the judgments decided under that provision are the case law on this one.
When did Section 384 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 384 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 384, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.