Discharge of offender on submission of apology
Section 348 of the Code of Criminal Procedure, 1973 deals with 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, dis The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 348, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 387 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It further provides that the proceedings before the Labour Court or Industrial Tribunal or National Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and it shall be deemed to be a Civil Court for the purposes of sections 345, 346 and 348 of the Code of Criminal Procedure. Now this is a well settled law that the terms of reference determine the scope of powers and jurisdiction of the Tribunal/Court and, therefore, it is not open to the Labour Court/Industrial Tribunal to travel materially beyond the scope of reference. In "Indian Banks Association …
Questions about Section 348
What have the courts held on Section 348 of the Code of Criminal Procedure?
Ginan M. Marak vs State of Meghalaya (13 Aug 2018) is the leading judgment on this section among those set out below: 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 348 of the Code of Criminal Procedure?
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: CRPC 348, section 348 CRPC, section 348 of the Code of Criminal Procedure. People searching for it also type 348 crpc in bnss and 348 cr pc. 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 348 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 345 (Procedure in certain cases of contempt), section 346 (Procedure where Court considers, that case should not be dealt withunder section 345), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 387 (Discharge of offender on submission of apology), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 348 of the Code of Criminal Procedure come into force?
Section 348 of the Code of Criminal Procedure, cited as CRPC 348, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.