Introduction to Section 384 BNSS
Section 384 BNSS is a legal safeguard designed to handle instances of contempt of court that occur in the presence of a judge. It grants any Civil, Criminal, or Revenue Court the authority to act instantly when someone commits a disruptive, disrespectful, or contemptuous act during court proceedings. This provision helps courts maintain decorum, respect, and authority in real-time by providing a summary punishment system. It plays a key role in ensuring the orderly conduct of judicial processes.
What is BNSS Section 384?
BNSS 384 consists of three main parts:
- Sub-section (1): If contempt like insulting the judge or disrupting court (as per Sections 210, 213, 214, 215, 267 BNS) happens in court’s presence, the judge may detain and punish the person the same day with fine or jail.
- Sub-section (2): The court must officially record the facts, the statement of the offender, the finding, and the sentence.
- Sub-section (3): If the contempt relates to Section 267 BNS (disruption), the court must also record the stage of trial and nature of insult/interruption.
BNSS Section of 384 in Simple Points
1. Immediate Contempt Action in the Courtroom
BNSS 384 enables courts to act instantly against contemptuous behavior committed in their presence. If someone insults the judge, shouts, misbehaves, or disrupts proceedings, the court can detain the person immediately. This provision ensures that no individual undermines the dignity and authority of the judiciary. By giving real-time power to the presiding officer, the law ensures that disrespect in the courtroom doesn’t go unchecked. It targets offenses listed under Sections 210, 213, 214, 215, and 267 of the Bharatiya Nyaya Sanhita. These acts directly impact the court’s functionality and must be curbed instantly.
2. Swift Cognizance and Summary Punishment
The court must take cognizance of the offense on the same day before the court session ends. After hearing the offender’s side, the judge can decide whether to punish. This ensures quick justice, removing the need for a long trial process in minor contempt cases. The offender is given a reasonable opportunity to explain their conduct. If the explanation is unsatisfactory, the judge can immediately impose a fine or jail term. This summary mechanism is practical and ensures minimal disruption to the justice process.
3. Penalty Limits under BNSS 384
The punishment under BNSS 384 is light but effective: a fine not exceeding ₹1000 or, in case of non-payment, simple imprisonment up to one month. The intention isn’t to harshly punish but to maintain courtroom order. Even a small fine can send a strong message to others in court. This section acts more like a disciplinary provision, promoting respect toward judicial institutions. It strikes a balance between authority and fairness, which is vital in maintaining the court’s dignity and ensuring smooth proceedings.
4. Mandatory Documentation and Transparency
Whenever punishment is imposed under this section, the court must record the incident in detail. This includes the offender’s behavior, their explanation, the finding, and the sentence imposed. In cases under Section 267 BNS (like interruption or insult), the court must also record the stage of proceedings and nature of insult. These records ensure transparency and accountability in the judge’s decision-making. They also provide a legal record in case the matter is challenged or reviewed. This documentation reflects the procedural discipline of our judiciary.
5. Protecting Judicial Decorum and Authority
The real purpose of BNSS 384 is to protect the sanctity of the courtroom. If judges are insulted or proceedings disrupted, the public’s trust in justice weakens. By giving courts the power to immediately respond to such behavior, the section ensures a culture of respect and discipline. It assures every participant—litigant, lawyer, or witness—that the court is not a place for unruly conduct. BNSS 384 is especially needed in lower courts, where such disturbances are more likely. It reinforces the authority of law through firm, yet fair, action.
384 BNSS Overview
The main purpose of BNSS 384 is to allow courts to immediately punish contempt committed in their presence. If someone insults or interrupts the court, the judge may detain the offender, take cognizance the same day, and punish them with a fine of up to ₹1000 or one month of simple imprisonment. The offender must be given a chance to explain their behavior. All details of the incident must be recorded officially, especially if the case relates to interruption under Section 267 BNS. This section ensures that justice proceeds without disturbance.
BNSS Section 384 – Procedure in Certain Cases of Contempt
(Chapter XXVIII – Offences Affecting the Administration of Justice)
1. Immediate Authority of the Court in Contempt Cases
BNSS Section 384 empowers any Civil, Criminal, or Revenue Court to take direct action if a contempt-related offence occurs in its presence or view. This includes offences like interrupting court proceedings, insulting the judge, or defying court decorum, as mentioned under Sections 210, 213, 214, 215, and 267 of the Bharatiya Nyaya Sanhita, 2023. The court can detain the offender immediately and initiate contempt action before the court session ends for the day. This gives the judge real-time authority to preserve the dignity and order of the courtroom.
2. Cognizance and Action Before Day Ends
One of the unique features of Section 384 is that it allows the court to take cognizance of the contempt offence on the same day, before the court rises. This means the action is immediate and swift, without any delay. The offender must be given a reasonable opportunity to explain why they should not be punished. This protects the individual’s right to be heard while enabling the court to act fast. Such a provision is essential for real-time correction of courtroom disruptions.
3. Scope of Offences Under This Section
The section applies when offences listed under Sections 210, 213, 214, 215, and 267 of the Bharatiya Nyaya Sanhita, 2023 are committed in court. These offences generally relate to obstruction of justice, such as giving false evidence, public misbehavior, or disrespectful conduct toward the court. When such acts happen in court’s presence, the judge has the power to immediately address and penalize the behavior. This provision serves as a strong deterrent to those who may otherwise disrupt legal proceedings.
4. Punishment Provision Under Section 384
The punishment under BNSS Section 384 includes a fine not exceeding ₹1000. If the offender fails to pay this fine, the court may sentence them to simple imprisonment up to one month. The fine is comparatively small, but the immediate imposition ensures that the respect and authority of the court is upheld. This punishment is summary in nature, meaning it does not involve a full criminal trial. However, the right to a reasonable explanation ensures basic fairness and procedural justice.
5. Proper Recording of the Incident by Court
Whenever action is taken under this section, the court is required to record the facts constituting the offence, the statement made by the offender, and the final finding and sentence. This creates a transparent legal record of the contempt action. It ensures that there is documented justification for the summary punishment imposed. This also helps in maintaining accountability and can be useful if the matter is ever reviewed or challenged legally. Judicial discipline and record-keeping are essential parts of this process.
6. Additional Requirement for Section 267 Contempt
If the contempt offence relates specifically to Section 267 of the Bharatiya Nyaya Sanhita, 2023—usually concerning interruption or insult to court proceedings—then the record must also mention the stage and type of judicial proceeding during which the interruption occurred. This helps to contextualize the offence and provides clarity on the seriousness of the act. The record must also describe the nature of the insult or disruption, adding specificity to the action taken. This ensures that no arbitrary punishment is passed.
7. Why Swift Contempt Handling Is Important
Contempt of court can delay proceedings, disrupt justice, and undermine the authority of the judiciary. Section 384 allows the court to deal with such offences without needing to launch a full case. This quick method is necessary to maintain the flow of proceedings and discourage inappropriate conduct. The power to act immediately sends a strong signal to all participants in the courtroom that discipline and respect are non-negotiable. Without such provision, the court’s dignity could be at risk.
8. Balance of Speed and Fairness
Though the process under Section 384 is quick, it is not arbitrary. The court is still required to give the accused a chance to explain before deciding punishment. Also, the punishment is light and symbolic in nature, mainly aimed at enforcing decorum, not severe retribution. This balance ensures that justice remains participatory and fair, even when acted upon swiftly. It demonstrates how the legal system can respond to immediate challenges without compromising on due process.
9. Applicability to All Types of Courts
BNSS Section 384 is applicable to Civil, Criminal, and Revenue Courts alike. This wide scope ensures that the entire judicial system is covered, not just limited to high courts or sessions courts. Every judge has the right to demand respect and silence in their courtroom. The provision empowers even lower courts to act promptly, making it a valuable tool for every level of the judiciary. Whether it’s a village revenue court or a district sessions bench, courtroom order is a shared priority
10. Conclusion – Role of BNSS 384 in Judicial Decorum
BNSS Section 384 plays a crucial role in maintaining the dignity and efficiency of courtrooms. It empowers courts to instantly deal with misbehavior that threatens legal order. Through clear process, limited punishment, and required record-keeping, it upholds both discipline and fairness. In a country like India, where courtrooms are often busy and overburdened, such provisions are essential to ensure proceedings are not derailed. Section 384 acts as a watchdog for courtroom behavior, ensuring justice is not only done—but done respectfully.
Example 1: Misbehaving in Courtroom
During a criminal hearing, an accused person shouts at the judge, accusing them of bias in open court. The judge takes immediate note of this contempt, detains the person, hears their explanation, and imposes a ₹1000 fine under BNSS 384 for disrupting proceedings.
Example 2: Public Disturbance During Civil Case
In a revenue court, a land dispute witness begins to threaten the opposing party aloud, refusing to calm down. Since this behavior occurs in full view of the court, the judge records the incident and punishes the individual with 7 days’ simple imprisonment under BNSS 384.
BNSS Section 384 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 384 – Procedure in Certain Cases of Contempt |
| Purpose | Allows any Civil, Criminal, or Revenue Court to immediately punish contempt committed in its presence to protect judicial order and respect. |
| Key Provision | Court can detain the offender, hear their explanation, and impose up to ₹1000 fine or one month’s simple imprisonment before the day ends. |
| Record Requirement | Court must record facts, the offender’s statement, and its final decision; for Section 267 BNS offences, stage and nature of insult must also be noted. |
| Legal Importance | Ensures swift handling of contempt, upholds courtroom decorum, and maintains public trust in the dignity of the judicial process. |
Why BNSS 384 Is Needed ?
BNSS 384 is essential because it addresses contempt of court in real-time, protecting the legal process from immediate threats like disrespect, obstruction, or misbehavior. Without this provision, courts would need to initiate separate proceedings to handle such cases—causing delays and weakening judicial authority. By enabling summary punishment, the section upholds courtroom discipline and ensures proceedings are not derailed by disruptive elements. It also instills a sense of fear and respect for legal institutions. In short, BNSS 384 keeps the courtroom a place of order, focus, and dignity.
BNSS Section 384 FAQs
BNSS 384
Conclusion
BNSS Section 384 gives courts the power to act instantly when someone insults or disrupts proceedings. It ensures that respect for the judiciary is maintained through swift punishment and transparent record-keeping, balancing firmness with fairness.
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