Introduction to Section 387 BNSS
Section 387 BNSS empowers courts to show mercy and discretion in cases where a person has committed contempt or disobedience under Sections 384 or 385. If the offender later submits to the authority of the court or offers a sincere apology, the court may discharge them from punishment or remit the penalty. This provision reflects a reformative approach in the judicial process by allowing courts to consider remorse as a valid ground for leniency.
What is BNSS Section 387?
BNSS 387 allows a court to discharge an offender who has either been punished under Section 384 or referred to a Magistrate under Section 385 if the offender later shows submission or apologizes. The apology must satisfy the court that the offender is genuinely repentant. If the court believes justice can be achieved through forgiveness, it can cancel the punishment or drop the charges. This ensures that justice remains humane and flexible.
BNSS Section of 387 in Simple Points
1. Discretionary Power of Court
BNSS Section 387 gives the court complete discretionary power to decide whether to forgive an offender for contempt or disobedience. This forgiveness applies only after a person has already been punished under Section 384 or sent to a Magistrate under Section 385. If the person obeys the original order or makes a sincere apology, the court may choose to cancel the punishment or proceedings. This allows the judiciary to use both authority and compassion in its functioning.
2. Apology Must Be Sincere
The section stresses that the apology must be genuine and satisfactory to the court. An insincere or forced apology will not lead to discharge. The law does not grant automatic forgiveness but gives the judge the authority to decide if the offender truly regrets their actions. This ensures that justice is not only based on legal facts but also considers human behavior and respect toward court authority.
3. Application After Offence is Recorded
This provision becomes relevant after an offence is already recorded, either by direct punishment or forwarding the case for further trial. The opportunity for discharge through apology is a second chance for the offender. It allows the court to change its decision based on conduct after the incident. This promotes the idea that remorse and reform are valued in the legal system, not just punishment.
4. Relationship with Sections 384 & 385
BNSS Section 387 is tightly linked with Sections 384 and 385, which deal with contempt in court and related offences. Section 387 comes into play only after an offender is either punished or is under process for further action under these sections. This makes 387 an optional follow-up relief provision, where courts can evaluate if restorative justice is more suitable than continuing legal action.
5. Balancing Authority and Forgiveness
This section shows that Indian law supports both discipline and dignity of courts along with humanity and reform. It is especially useful in cases where people may act out of momentary anger or ignorance. Instead of prolonged trials or harsh sentences, if the person repents genuinely, the law allows forgiveness. This ensures the court’s authority is respected, and justice remains fair, efficient, and humane.
387 BNSS Overview
Section 387 is part of Chapter XXVIII, which deals with offences affecting the administration of justice. It gives the court the discretionary power to either forgive or lessen the punishment of an individual who apologizes or complies with a court order, after initially violating it. The goal is not only to uphold the court’s dignity but also to encourage corrective behavior. This balances authority with compassion, helping courts maintain order without unnecessary punishment.
BNSS Section 387 – Discharge of Offender on Submission of Apology
(Chapter XXVIII – Provisions as to Offences Affecting the Administration of Justice)
1. Introduction to BNSS Section 387
BNSS Section 387 introduces a humanitarian and flexible approach within the justice system. It empowers the Court to forgive or discharge an offender if they show genuine remorse for contemptuous conduct committed during court proceedings. This applies particularly to offences handled under BNSS Sections 384 and 385, where the person has been punished or referred for trial due to intentional insult, interruption, or disobedience. This provision allows the Court to end proceedings if an apology is made sincerely.
2. When Does Section 387 Apply?
This section applies in two key situations. First, when the Court has already punished the offender under Section 384 (summary contempt), and second, when the Court has forwarded the offender to a Magistrate under Section 385 for trial due to serious misconduct. In either case, if the offender submits to the authority of the Court or offers a satisfactory apology, the Court may decide to drop the case or cancel the punishment, maintaining the dignity of justice without further conflict.
3. Role of Apology and Submission
The central theme of BNSS 387 is the importance of apology and compliance. If a person who committed contempt agrees to obey the Court’s lawful order or offers a genuine and respectful apology, the Court is given the discretion to either remit the punishment or completely discharge the person. This aligns with the idea that the purpose of contempt laws is to protect the authority and dignity of the Court, not to punish unnecessarily when repentance is shown.
4. Judicial Discretion – A Key Element
Section 387 empowers the presiding judge or magistrate to evaluate the sincerity of the apology or submission. It is not automatic forgiveness; it requires the Court’s satisfaction that the offender is truly repentant and the apology is not superficial. This ensures that the authority of the Court is respected while also giving room for mercy and correction. It emphasizes that law should be fair and reformative, not just punitive.
5. Harmony Between Law and Humanity
This section adds a layer of human sensitivity to legal enforcement. Instead of strictly penalizing every act of contempt or disobedience, it allows the Court to rebuild mutual respect through forgiveness. It benefits both parties—the Court maintains its authority, and the offender gets a chance to correct their mistake. Such a system promotes a positive public perception of the judiciary, showing that it values respect and reform over harshness.
6. Encouraging Respectful Conduct
By allowing discharge on apology, BNSS 387 encourages people to admit their mistakes and resolve issues peacefully within the legal process. It sends a strong message that while misconduct is not tolerated, the Court is open to forgiveness if one shows humility and respect. This serves as a preventive mechanism by promoting respectful courtroom behavior and helping offenders avoid prolonged legal consequences if they mend their conduct.
7. Not a Loophole, But a Reform Tool
It’s important to understand that Section 387 is not a loophole for escaping punishment. The apology must be genuine and accepted by the Court. The power remains discretionary, meaning the Court is under no obligation to remit punishment unless it believes justice is served through such a step. This keeps the integrity of judicial proceedings intact while still offering flexibility in appropriate cases.
8. Coordination with Sections 384 and 385
BNSS Section 387 works closely with Sections 384 and 385, which deal with summary contempt and forwarding serious cases to a Magistrate, respectively. Section 387 gives a final opportunity to the offender to resolve the issue by making peace with the Court. Whether punishment was already given or the case is pending, this section can be invoked to terminate proceedings early in the interest of judicial efficiency and reconciliation.
9. Real-World Significance
In real cases, courtroom outbursts, heated language, or refusal to follow procedure may lead to contempt proceedings. If the person later regrets their behavior, Section 387 allows the Court to forgive and move forward without dragging the matter unnecessarily. This provision reflects the maturity of the legal system, recognizing that not all violations require punishment—sometimes, a sincere apology can restore balance and dignity.
10. Conclusion: BNSS 387’s Role in a Balanced Justice System
BNSS Section 387 reflects the Indian legal system’s commitment to justice with compassion. It ensures that while the dignity of the Court is upheld, repentant individuals are not punished harshly if they admit fault and show respect. It promotes restorative justice, supports courtroom discipline, and upholds the honor of judicial institutions. Through this provision, the judiciary is shown as both firm and fair, safeguarding its power while recognizing the value of genuine remorse.
Example 1:
During a property case hearing, a litigant insults the magistrate and is fined under Section 384. After realizing the seriousness of his act, he offers a written apology in court. If the magistrate is satisfied, the fine may be waived under BNSS 387.
Example 2:
A witness refuses to answer questions and is sent to a Magistrate under Section 385. Before the trial begins, the witness appears in court and sincerely apologizes. If the judge believes the apology is genuine, the court may discharge him under Section 387.
BNSS Section 387 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 387 – Discharge of Offender on Submission of Apology |
| Purpose | Gives the court discretion to forgive or discharge a person punished or referred under Sections 384 or 385, if they offer a genuine apology or comply with orders. |
| Key Condition | The apology or submission must be sincere and satisfactory to the court; insincere apologies are not accepted. |
| When It Applies | Applies after contempt punishment under Section 384 or referral to a Magistrate under Section 385, giving a second chance to the offender. |
| Legal Spirit | Promotes restorative justice — balancing the court’s authority with compassion and reform through sincere repentance. |
Why Is BNSS 387 Needed?
BNSS 387 is crucial because it introduces a reformative element into the justice system. Contempt of court or refusal to obey legal orders are serious matters, but not all cases warrant strict punishment. Sometimes people act emotionally, under pressure, or without legal awareness. BNSS 387 provides a mechanism for courts to recognize genuine regret and end proceedings in a dignified way. It encourages corrective behavior rather than retribution, helping the courts save time and resources while promoting public respect and compliance through humane law.
BNSS Section 387 FAQs
BNSS 387
Conclusion
BNSS Section 387 allows courts to forgive a person punished for contempt if they sincerely apologize or obey the court’s order. It helps maintain the dignity of justice while showing mercy to those who genuinely regret their mistake.
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