Discharge of offender on submission of apology
Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with discharge of offender on submission of apology. When any Court has under section 384 adjudged an offender to punishment, or has under section 385 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, dis The Act came into force on 01 Jul 2024.
When any Court has under section 384 adjudged an offender to punishment, or has under section 385 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.
Section 387, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 348 Discharge of offender on submission of apology Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
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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Ginan M. Marak vs State of Meghalaya
Decided under Code of Criminal Procedure 348, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In domestic violence cases involving non-bailable offences under Sections 498-A and 324 IPC, anticipatory bail may be granted at the High Court level even after rejection by the Sessions Judge, provided the accused demonstrates cooperation with the Investigating Officer, poses no immediate threat to the victim (evidenced by displacement from the shared residence), and the case is still in the investigation stage. The grant of bail must be accompanied by stringent conditions including availability for investigation, restriction on movement, and prohibition on witness tampering to balance the rights of the accused with the protection of the victim.
On this section: Concurrent jurisdiction of High Court and Sessions Court in bail matters; cited to establish that rejection by Sessions Judge does not bar High Court from entertaining fresh application
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 387
What have the courts held on Section 387 of the Bharatiya Nagarik Suraksha Sanhita?
Ginan M. Marak vs State of Meghalaya (13 Aug 2018) is the leading judgment on this section among those set out below, though it was decided under CRPC 348, which this section replaced -- the court never mentioned this Act: Concurrent jurisdiction of High Court and Sessions Court in bail matters; cited to establish that rejection by Sessions Judge does not bar High Court from entertaining fresh application.
How do I find court cases under Section 387 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 387, section 387 BNSS, section 387 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ginan M. Marak vs State of Meghalaya (13 Aug 2018).
What should I read with Section 387 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 384 (Procedure in certain cases of contempt), section 385 (Procedure where Court considers that case should not be dealt with under section 384), so none of them can safely be read on its own. It carries forward CrPC 348 (Discharge of offender on submission of apology), so the judgments decided under that provision are the case law on this one.
When did Section 387 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 387 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 387, 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.