(1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
Legal Commentary & Landmark Judgments: Section 385
Section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 346 of the CrPC, 1973) governs the procedure where a Court considers that a direct contempt case under Section 384 should not be dealt with summarily due to gravity or warrants a sentence exceeding one thousand rupees fine.
If transferred to a Magistrate under Section 385, the accused is entitled to a full warrant-case trial, including the right to cross-examine witnesses and present defence evidence on lack of contumacious intent.