Section 384 BNSS: Procedure in Certain Cases of Contempt
Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a limited summary procedure for specified offences committed in the view or presence of a Civil, Criminal or Revenue Court. It authorises same-day cognizance in the circumstances stated in the section, but also requires an opportunity to show cause and a proper judicial record.
Statutory text of Section 384 BNSS
384. Procedure in certain cases of contempt.
(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 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 on 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 267 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.
Meaning and scope of Section 384 BNSS
The section is designed for immediate courtroom situations involving a narrow set of offences. Its operation depends on the alleged offence being committed in the view or presence of the Court. The provision therefore deals with conduct directly perceived by the Court, rather than creating a general procedure for every allegation of contempt or every offence affecting the administration of justice.
Civil, Criminal and Revenue Courts are expressly covered.
The specified offence must be committed in the Court's view or presence.
The offender must receive a reasonable opportunity to show cause.
Fine up to Rs. 1,000; in default, simple imprisonment up to one month.
Section 384 is part of Chapter XXVIII of the BNSS, which contains provisions concerning offences affecting the administration of justice. The BNSS replaced the Code of Criminal Procedure, 1973 for matters to which the new law applies from its commencement, subject to the statutory saving and transitional provisions.
BNS offences referred to in Section 384
Section 384 does not operate for every offence. It specifically refers to Sections 210, 213, 214, 215 and 267 of the Bharatiya Nyaya Sanhita, 2023. In brief:
| BNS section | Subject | Relevance to Section 384 BNSS |
|---|---|---|
| Section 210 | Omission to produce document or electronic record to public servant by person legally bound to produce it | Can fall within the summary court procedure when the statutory conditions of Section 384 are satisfied. |
| Section 213 | Refusing oath or affirmation when duly required by public servant to make it | Covered when the conduct occurs in the view or presence of the Court. |
| Section 214 | Refusing to answer public servant authorised to question | May be dealt with under Section 384 when all statutory conditions are met. |
| Section 215 | Refusing to sign statement | Expressly included among the offences referenced by Section 384. |
| Section 267 | Intentional insult or interruption to public servant sitting in judicial proceeding | Sub-section (3) requires additional particulars in the Court's record for this offence. |
Procedure and safeguards under Section 384
- Commission in Court: one of the specified BNS offences must be committed in the view or presence of the Court.
- Detention: the Court may cause the offender to be detained in custody.
- Same-day cognizance: the Court may take cognizance before it rises on the same day.
- Opportunity to show cause: before punishment, the offender must be given a reasonable opportunity to explain why punishment should not be imposed.
- Limited punishment: the fine under this summary power cannot exceed Rs. 1,000. Default simple imprisonment may extend to one month unless the fine is sooner paid.
- Mandatory record: the Court must record the facts constituting the offence, any statement made by the offender, and the finding and sentence.
- Extra record for BNS Section 267: the nature and stage of the judicial proceeding and the nature of the interruption or insult must also be recorded.
Important: Section 384 creates a specific statutory summary procedure. It should be read with the neighbouring provisions, especially Sections 385, 387 and 390 BNSS, which address cases not suitable for disposal under Section 384, discharge on apology, and appeals from specified convictions.
Frequently asked questions
What does Section 384 BNSS provide?
It permits a Civil, Criminal or Revenue Court to use a limited summary procedure for specified BNS offences committed in its view or presence. The Court must give a reasonable opportunity to show cause before imposing punishment.
What is the maximum fine under Section 384?
The maximum fine is Rs. 1,000. If the fine is not paid, the Court may impose simple imprisonment for a term extending up to one month, unless the fine is sooner paid.
Does Section 384 apply to every act of contempt?
No. The provision expressly identifies particular BNS offences and requires that the conduct be committed in the view or presence of the Court. Other situations may be governed by other statutory provisions or the separate law relating to contempt of courts.
Is there an appeal from a conviction under Section 384?
Section 390 BNSS specifically addresses appeals from convictions under Sections 383, 384, 388 and 389.
Official sources
For the authoritative text and commencement information, see:
Last reviewed: 12 September 2026. This page is an informational guide and should be read with the authoritative statutory text and applicable judicial decisions.