BNSS Section 385: Procedure where Court considers that case should not be dealt with under section 384
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 28: Provisions as to Offences Affecting the Administration of Justice
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385.
(1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 379. Procedure in cases mentioned in section 215
- 380. Appeal
- 381. Power to order costs
- 382. Procedure of Magistrate taking cognizance
- 383. Summary procedure for trial for giving false evidence
- 384. Procedure in certain cases of contempt
- 386. When Registrar or Sub-Registrar to be deemed a Civil Court
- 387. Discharge of offender on submission of apology
- 388. Imprisonment or committal of person refusing to answer or produce document
- 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons
- 390. Appeals from convictions under sections 383, 384, 388 and 389
- 391. Certain Judges and Magistrates not to try certain offences when committed before themselves