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

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, he is taken into custody and sent to the Magistrate.

Outcome: The Magistrate will then handle the case as if it were initiated by a police report, potentially leading to a more severe punishment for Raj's actions.

Example 2:

Scenario: Priya is caught attempting to bribe a court official during a hearing.

Application of Section 385:

1. Court's Observation: The judge witnesses Priya's attempt to bribe the official and considers it a grave offense.
2. Decision Not to Use Section 384: The judge believes that a fine of more than two hundred rupees or imprisonment is necessary due to the seriousness of the bribery attempt.
3. Forwarding the Case: The judge documents the incident and Priya's statement, then forwards the case to a Magistrate with the proper jurisdiction.
4. Security for Appearance: The judge asks Priya to provide security for her appearance before the Magistrate. If Priya fails to provide adequate security, she is detained and sent to the Magistrate.

Outcome: The Magistrate will proceed with the case as if it were based on a police report, which may result in a more stringent penalty for Priya's bribery attempt.