Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 385

Procedure where Court considers that case should not be dealt with under section 384

In one line

BNSS Section 385 deals with procedure where court considers that case should not be dealt with under section 384 and replaces CrPC 346.

Bare act text — BNSS 385

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

(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.

Frequently asked

What was BNSS Section 385 in the CrPC?

BNSS Section 385 (Procedure where Court considers that case should not be dealt with under section 384) replaces Section 346 of the Code of Criminal Procedure, 1973. CrPC 346 is now BNSS 385.

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