Section 384 of BNSS : Section 384: Procedure in certain cases of contempt.

BNSS

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Explanation using Example

Example 1:

Scenario: During a criminal trial in a Sessions Court in Mumbai, a witness, Mr. Sharma, starts shouting and making false accusations against the judge, disrupting the court proceedings.

Application of Section 384:

  1. The judge, witnessing the disruption, orders the court officers to detain Mr. Sharma immediately.
  2. Before the court session ends for the day, the judge takes cognizance of Mr. Sharma's behavior.
  3. Mr. Sharma is given an opportunity to explain his actions and show cause why he should not be punished.
  4. After considering Mr. Sharma's explanation, the judge decides to impose a fine of ₹1,000.
  5. Mr. Sharma fails to pay the fine, and as a result, he is sentenced to simple imprisonment for one month.
  6. The judge records the incident, Mr. Sharma's statements, and the final decision in the court records.

Example 2:

Scenario: In a Revenue Court in Delhi, during a land dispute hearing, Mr. Verma, one of the parties, insults the judge by using abusive language, causing a significant interruption in the proceedings.

Application of Section 384:

  1. The judge immediately orders the court officers to detain Mr. Verma.
  2. Before the court adjourns for the day, the judge takes cognizance of Mr. Verma's contemptuous behavior.
  3. Mr. Verma is given a chance to explain his actions and defend himself.
  4. After hearing Mr. Verma's explanation, the judge decides to impose a fine of ₹1,000.
  5. Mr. Verma does not pay the fine, leading to a sentence of simple imprisonment for one month.
  6. The judge documents the nature of the insult, the stage of the judicial proceeding, Mr. Verma's statements, and the final judgment in the court records.