Section 348 CrPC - Discharge of Offender on Submission of Apology
Section 348 of the Code of Criminal Procedure, 1973 allowed a court, in specified cases involving disobedience, insult or interruption, to discharge an offender or remit punishment when the offender complied with the court's direction or offered a satisfactory apology. The corresponding current provision is Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and scope of Section 348 CrPC
The section deals with the court's discretionary power to discharge an offender or remit punishment where a court has acted under Section 345 CrPC or forwarded the offender for trial under Section 346 CrPC. It applies to refusing or omitting to perform something lawfully required, or to an intentional insult or interruption.
Text of Section 348 CrPC, 1973
When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.
Section 387 BNSS - Current corresponding provision
Section 387 BNSS retains the substance of the former provision, with the cross-references updated to Sections 384 and 385 BNSS. It reads:
When any Court has under section 384 adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.
When can the court discharge an offender?
- Earlier action: The court has punished the offender under Section 384 BNSS (formerly Section 345 CrPC), or forwarded the matter under Section 385 BNSS (formerly Section 346 CrPC).
- Nature of conduct: The matter concerns failure to comply with a lawful court requirement or intentional insult or interruption.
- Subsequent conduct: The offender complies with the order or requisition, or makes an apology satisfactory to the court.
- Judicial discretion: Discharge or remission is not automatic; the court must exercise its discretion.
Discharge and remission of punishment
Discharge in this context means releasing the offender from the consequence addressed by the section. Remission of punishment means the court may forgo the punishment it imposed. The precise order depends on the procedural stage and the court's decision; an apology does not, by itself, erase every possible legal consequence.
How Section 387 BNSS operates
For example, if a person intentionally interrupts proceedings and the court takes action under Section 384 BNSS, the person may subsequently offer an apology. If the court finds the apology satisfactory, Section 387 permits the court to discharge the person or remit punishment. The outcome remains discretionary and fact-specific.
Related statutory provisions
- Section 384 BNSS: Procedure in certain cases of contempt, corresponding to Section 345 CrPC.
- Section 385 BNSS: Procedure when the court considers that a case should not be dealt with under Section 384, corresponding to Section 346 CrPC.
- Section 386 BNSS: When a Registrar or Sub-Registrar is deemed a Civil Court, corresponding to Section 347 CrPC.
- Section 531 BNSS: Repeal and savings, relevant to the transition from CrPC to BNSS.
Frequently asked questions
What is Section 348 CrPC in the BNSS?
Its corresponding provision is Section 387 BNSS, titled "Discharge of offender on submission of apology."
Does an apology automatically lead to discharge?
No. The court must be satisfied with the apology, and the statute uses the word "may," making relief discretionary.
Can compliance with the court's order be enough?
Yes. The provision separately recognises submission to the order or requisition of the court as a ground on which the court may exercise its discretion.
Is Section 348 CrPC still the current provision?
The BNSS replaced the CrPC from 1 July 2024, subject to applicable savings and transitional rules. Section 387 BNSS is the corresponding current provision.