Section 385 of BNSS : Section 385: Procedure where Court considers that case should not be dealt with under section 384.

BNSS

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Explanation using Example

Example 1:

Scenario: A person, Raj, is accused of contempt of court by shouting and disrupting court proceedings during a trial.

Application of Section 385:

  1. Court's Observation: The judge observes Raj's behavior directly and considers it a serious offense.
  2. Decision Not to Use Section 384: The judge decides that merely imposing a small fine or a short imprisonment is not sufficient due to the severity of the disruption.
  3. Forwarding the Case: The judge records the facts of the offense and Raj's statement, then forwards the case to a Magistrate with the appropriate jurisdiction.
  4. Security for Appearance: The judge requires Raj to provide security to ensure his appearance before the Magistrate. If Raj cannot provide sufficient security, h...

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