Section 387 BNSS: Discharge of offender on submission of apology (Formerly Section 348 CrPC)

Section 387 of Bharatiya Nagarik Suraksha Sanhita, 2023: Discharge of offender on submission of apology

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 387

Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 348 of the CrPC, 1973) provides for the discharge of an offender punished or forwarded for contempt under Section 384 or 385 upon submission of an apology.

Submission of Apology: When any Court has adjudged an offender to punishment, or forwarded them to a Magistrate for trial under Section 384 or 385, for refusing or omitting to do something which they were lawfully required to do.
Purging of Contempt: The offender purges the contempt by submitting an apology or offering to do the required act to the satisfaction of the Court.
Court's Discretion to Discharge: The Court may, in its discretion, remit the punishment or discharge the offender from custody.

Key Landmark Precedents:

In re: Sanjiv Datta, (1995) 3 SCC 619: The Supreme Court observed that an apology in contempt proceedings must be an act of genuine contrition and remorse, not a calculated tactical device to escape punishment.
M.Y. Shareef v. Hon'ble Judges of High Court of Nagpur, AIR 1955 SC 19: The Constitution Bench held that a court will accept an apology if tendered bona fide and at the earliest possible opportunity.

Courtroom Practice & Strategic Litigation Guidance:

If a client or advocate faces contempt under Section 384, file a written unconditional apology under Section 387 expressing profound regret at the very first instance to purge the contempt and secure total remission.