Section 345 CrPC: Procedure in Certain Cases of Contempt (Section 384 BNSS)
Section 345 of the Code of Criminal Procedure, 1973 (CrPC) established a special, immediate procedure for dealing with specified offences committed in the view or presence of a civil, criminal or revenue court. For matters governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the corresponding provision is Section 384 BNSS, in force from 1 July 2024.
What is contempt under Section 345 CrPC?
In this provision, the expression refers to specific statutory offences affecting the functioning or authority of a court, committed directly in the court's view or presence. It is not a general power to punish every form of contempt of court. The broader law on contempt, including the Contempt of Courts Act, 1971, is distinct and must not be confused with this limited summary procedure.
Under the former CrPC, the provision refers to Indian Penal Code (IPC) Sections 175, 178, 179, 180 and 228. Under BNSS Section 384, the corresponding listed offences are under Bharatiya Nyaya Sanhita, 2023 (BNS) Sections 210, 213, 214, 215 and 267. These concern specified failures to comply with lawful public-authority requirements and intentional insult or interruption in a judicial proceeding, as defined by the relevant penal provision.
Section 345 CrPC: explanation of the original provision
Sub-section (1): power to act immediately
If one of the listed IPC offences is committed in the view or presence of a civil, criminal or revenue court, the court may detain the alleged offender. Before the court rises on that day, it may take cognizance and, after providing a reasonable opportunity to show cause, impose a fine of up to Rs. 200. In default of payment, simple imprisonment of up to one month may be ordered, unless the fine is paid earlier. These amounts describe the older CrPC provision, not the revised BNSS fine.
Sub-section (2): mandatory court record
The court must record the facts constituting the offence, any statement made by the alleged offender, its finding and the sentence. This written record helps show the basis on which the special procedure was exercised.
Sub-section (3): insult or interruption of judicial proceedings
Where the offence falls under IPC Section 228, the record must also specify the nature and stage of the judicial proceeding, and the nature of the interruption or insult.
Section 384 BNSS: applicable updated provision
Section 384 BNSS is titled "Procedure in certain cases of contempt". It applies where an offence described in BNS Sections 210, 213, 214, 215 or 267 is committed in the view or presence of a civil, criminal or revenue court.
The court may cause the person to be detained, take cognizance before rising on the same day, and give a reasonable opportunity to show cause. If the requirements are met, the court may impose a fine not exceeding Rs. 1,000. In default of payment, simple imprisonment may extend to one month, unless the fine is paid sooner.
Sub-section (2) requires recording the offence, the person's statement (if any), the finding and sentence. Under sub-section (3), when the offence concerns BNS Section 267, the record must also identify the nature and stage of the judicial proceeding and the interruption or insult.
Procedure and safeguards
- Qualifying offence: The conduct must fall within one of the expressly specified penal sections.
- Presence requirement: The alleged act must occur in the court's view or presence.
- Prompt consideration: The court may take cognizance before rising on the same day.
- Opportunity to respond: The person must be allowed a reasonable opportunity to show cause against punishment.
- Reasoned record: The court records the relevant facts, any statement, the finding and sentence, with additional details for intentional insult or interruption.
- Statutory limits: The prescribed fine and default imprisonment ceilings must be respected.
If the court considers that the case should not be disposed of through this limited procedure, the related provision is Section 346 CrPC (corresponding to Section 385 BNSS). An apology may be relevant under Section 348 CrPC (corresponding to Section 387 BNSS).
CrPC Section 345 and BNSS Section 384: key differences
| Issue | CrPC Section 345 | BNSS Section 384 |
|---|---|---|
| Listed penal provisions | IPC 175, 178, 179, 180, 228 | BNS 210, 213, 214, 215, 267 |
| Maximum fine | Rs. 200 | Rs. 1,000 |
| Default simple imprisonment | Up to one month | Up to one month |
| Opportunity to show cause | Required | Required |
| Additional record for insult or interruption | IPC 228 | BNS 267 |
Frequently asked questions
Which BNSS section replaces CrPC Section 345?
Section 384 BNSS is the corresponding provision for the procedure in certain cases of contempt committed in the view or presence of a court.
What is the maximum fine under Section 384 BNSS?
The maximum fine is Rs. 1,000. Under the earlier CrPC Section 345, it was Rs. 200.
Can the court punish a person without hearing them?
No. The section requires a reasonable opportunity to show cause before punishment is imposed.
Does this section apply to all contempt of court?
No. It is restricted to the specified statutory offences committed in the court's view or presence. Other contempt matters may fall under different legal provisions.
Does the CrPC still matter after 1 July 2024?
Yes. BNSS Section 531 contains repeal and savings rules for specified pending proceedings. The governing law must be determined from the facts and procedural history of the case.
Official legislative references
For authoritative texts and updates, consult the India Code legislative database, the Ministry of Home Affairs, and the Bureau of Police Research and Development BNSS comparative publication (PDF). The text of the enacted legislation and any applicable amendments prevails over explanatory summaries.
This article is general legal information. Court practice and the applicable transitional rules should be checked for the particular proceeding.