Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 384: Procedure in certain cases of contempt
(1) When any such offence as is described in section 209, section 211, section 212, section 213 or section 265 of the Bharatiya Nyaya Sanhita, 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 or 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 265 of the Bharatiya Nyaya Sanhita, 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.
Brief Detail
Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for handling contempt offences committed in the presence of a Civil, Criminal, or Revenue Court. If an offence described in specific sections of the Bharatiya Nyaya Sanhita is witnessed by the court, it can detain the offender and take cognizance of the offence on the same day. The court has the authority to impose a fine of up to one thousand rupees, with the alternative of simple imprisonment for up to one month if the fine is not paid. The court is required to document the offence, any statements made by the offender, and the findings and sentence issued. Additionally, specific requirements are outlined for offences under section 265 regarding the nature of the judicial proceeding and the interruption or insult.
What does Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?
It addresses the procedure for dealing with contempt offences committed in the presence of a court.
What can a court do if it finds an offence described in certain sections is committed in its presence?
The court may detain the offender and take cognizance of the offence on the same day.
What penalties can the court impose for contempt?
The court can impose a fine not exceeding one thousand rupees or, in default of payment, simple imprisonment for up to one month.
What must the court record in cases of contempt?
The court must record the fact constituting the offence, any statements made by the offender, and the findings and sentence.
What additional information must be recorded if the offence is under section 265?
The record must show the nature and stage of the judicial proceeding in which the court was sitting and the nature of the interruption or insult.
Example
- A person interrupts a court session while a judge is delivering a judgment (under sections 209, 211, 212, 213, or 265).
- The court detains the individual and takes cognizance of the contempt.
- After giving the offender a chance to explain, the court imposes a fine of one thousand rupees.
- If the offender does not pay the fine, they may be sentenced to one month of simple imprisonment.
- The court records all relevant details about the offence and the proceedings.
Summary
Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a structured approach for handling contempt offences observed in court. It allows for immediate action by the court, including detention and penalties, while ensuring that all proceedings and findings are properly documented. The section highlights the court's authority to maintain order and respect within judicial proceedings.
