Section 384 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure in certain cases of contempt

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 345 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 384

Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 345 of the CrPC, 1973) provides for summary procedure and punishment in direct cases of contempt committed in the view or presence of any Civil, Criminal, or Revenue Court.

  • Direct Contempt in Facie Curiae: Applies to offences committed in the view or presence of the Court under Sections 210, 212, 213, 214, or 215 of the Bharatiya Nyaya Sanhita, 2023 (e.g., intentional insult, interruption of proceedings).
  • Immediate Detainment & Summary Hearing: The Court may cause the offender to be detained in custody, take cognizance of the offence on the same day before rising, and give an opportunity of showing cause.
  • Sentencing Cap: The Court may sentence the offender to fine not exceeding one thousand rupees, and in default, to simple imprisonment for a term up to thirty days.
Key Landmark Precedents:
  • State of M.P. v. Revashankar, AIR 1959 SC 102: The Supreme Court analyzed summary contempt powers, holding that direct insults interrupting judicial work can be summarily penalized to uphold court dignity.
  • In re: Vinay Chandra Mishra, (1995) 2 SCC 584: Affirmed that disruptive courtroom behaviour threatening judicial decorum warrants instantaneous disciplinary and summary action.
Courtroom Practice & Strategic Litigation Guidance:

If a confrontation occurs during heated courtroom arguments, immediately tender an unconditional verbal apology and submit a written apology under Section 387 before the court rises to secure statutory discharge.