Master Study Guide: BNSS 379-385 (CrPC 340-346)
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Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Master Study Guide: Sections 379 to 385 (Corresponding to CrPC Sec 340-346)

I. Thematic Overview of Chapter XXVIII

"Chapter XXVIII serves as the Court's Immune System." Jurisprudentially, the complete administration of justice depends on truth, order, and courtroom decorum. If litigants can freely submit forged evidence (perjury) or disrupt proceedings, judicial authority crumbles.

⚖️ Critical Legal Concept: "Public Interest Rule" (Ex-Parte Cognizance Guard)

Under standard criminal law, any citizen can initiate action by filing an FIR. However, for offences affecting the administration of justice, only the Court itself can initiate prosecution. This checks malicious private litigation trying to use perjury claims as harassment tactics in civil/criminal cases.

Structural Split of Sections 379–385 (Pencil Blueprint)

THE PERJURY & FORGERY ROUTE

  • Sec 379: The Preliminary Inquiry Protocol
  • Sec 380: Appellate Mechanics
  • Sec 381: Deterrent Costs (Frivolous Filter)
  • Sec 382: Cognizance Protocol by Magistrate
  • Sec 383: Summary Trial for blatant Perjury
Objective: Dealing with false records and perjury

THE COURTROOM DISRUPTION ROUTE

  • Sec 384: Immediate Contempt Proceeding
  • Sec 385: Referral Protocol when Contempt is too severe to handle locally
Objective: Maintaining decorum in the courtroom
💡 TOPPER'S TRICK: Remember "+39 Shift" from Old CrPC to New BNSS! Gurukul Nexus Judicial Academy

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Standard Perjury Route

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II. BNSS Section 379: Procedure (The Primary Trial Route)

(Corresponds to Section 340 CrPC)

When a Court is of opinion that "it is expedient in the interests of justice" that an inquiry should be made into any offense mentioned in Section 215(1)(b) BNSS (lying under oath or submitting forged documents in court proceedings), the following procedure is mandatory:

1. Preliminary Inquiry: The Court *may* choose to hold a preliminary inquiry to establish *prima facie* proof of forgery or perjury.

2. Recording the Finding: The Court *shall* record a finding that a prima facie case exists.

3. Write Complaint & Forward: The Court *shall* make a written complaint and sign it, sending it to a Magistrate of the First Class (JM1) having jurisdiction.

4. Securing Custody/Bail: To ensure the offender doesn't escape, the court can demand security/bond or direct them directly in custody to the receiving JM1.

Legal Equation (Sec 379 Mechanics)
Perjury/Forgery in Court ➔ Finding ➔ Written Complaint ➔ Transferred to JM1 for Trial

III. BNSS Section 380: Appeal Mechanics

(Corresponds to Section 341 CrPC)

Because judges can make errors (either through bias, errors of fact, or malicious refusal), Section 380 provides a remedy for both sides:

Who Can Appeal?
  • The person against whom a Section 379 complaint was filed.
  • The person whose application to file a Sec 379 complaint was refused.
The Forum & Power

Appeals go to the Superior Court to which the complaining court is subordinate.

The Superior Court can either:

  • Withdraw the complaint.
  • Or create the complaint itself if refused.

Appellate Hierarchy Flow Diagram (Pencil Style)

Trial Magistrate (JM)
Court of Session
High Court
✍️ CASE LAW POINT: "Karsanbhai Patel v. State" — Preliminary Inquiry is directory, not mandatory, but expedient interest of justice is absolute! Gurukul Nexus Judicial Academy

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Costs & Cognizance

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IV. BNSS Section 381: Power to Order Costs

(Corresponds to Section 342 CrPC)

Litigants often try to harass their opponents by filing malicious, frivolous applications for perjury to delay trials. To counter this, Section 381 empowers any court dealing with an application under Sec 379 or appeal under Sec 380 to order "such costs as may be just."

💡 Example: Party A files a baseless application accusing Party B of submitting forged bank receipts. The judge finds it is an extortion tactic to stall negotiations. The judge dismisses it with exemplary costs ordered against Party A.

V. BNSS Section 382: Magistrate Taking Cognizance

(Corresponds to Section 343 CrPC)

When the written complaint made under Section 379 reaches the receiving Magistrate, they must execute trials under these specific instructions:

SUB-SEC (1) The "Police Report" Treatment

The Magistrate must proceed "as if it were instituted on a police report". This is a brilliant legislative fast-track! It bypasses standard private complaint procedures.

BYPASS EXAM Bypassing Section 223 BNSS (Old Sec 200 CrPC)

Normally, a Magistrate must examine a private complainant under oath. But since the "complainant" here is a sitting judicial officer (Judge) who drafted the Section 379 complaint, no personal examination of the judge is needed. They skip straight to trial processing!

SUB-SEC (2) The "Pause Button" (Adjournment Rule)

If the original judicial proceedings (where the forgery/perjury occurred) are currently pending appeal, the Magistrate trying the perjury case may adjourn the trial until that original appeal is resolved.

🎯 MAINS EXAM BOOSTER KEY NOTE:

Why the Police Report treatment? Under normal private complaints, trials are slower due to pre-summoning evidence stages. Treating this as a police-report case allows the court to instantly frame charges and conduct a speedy trial, preserving the public interest in prosecuting perjury.

🔥 IMP MCQ FOR PRELIMS: Magistrate processes Sec 379 complaint under "Police Report" rules (NOT Private Complaint). Gurukul Nexus Judicial Academy

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Summary & Contempt

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VI. BNSS Section 383: Summary Perjury Trial (Rapid-Fire Route)

(Corresponds to Section 344 CrPC)

While Section 379 is the *standard slow* route (sending complaints to another court), Section 383 provides a rapid-fire, summary procedure for blatant, undeniable perjury.

  • Who can invoke? Only a Court of Session or Magistrate of the First Class (JM1).
  • The Timing Trigger: At the exact time of delivery of any judgment or final order.
  • The Requirement: Court must form an opinion that a witness has "knowingly or willfully" given false evidence.
  • Natural Justice Guard: Must issue a Show Cause Notice to the witness before sentencing.
  • Punishment Limit: Max 3 Months imprisonment, or fine, or both.

VII. BNSS Section 384: Procedure in Cases of Direct Contempt

(Corresponds to Section 345 CrPC)

This section addresses "Contempt in the Face of the Court". If a person actively disrupts the courtroom (e.g., throwing slippers, screaming, refusing to take an oath), the court can respond instantly.

The BNS Transformed Penal Triggers:
BNS Sec 267 (Old IPC 228): Intentional insult/interruption to judicial public servant.
BNS Sec 214 (Old IPC 178): Refusing oath when legally required.
BNS Sec 215 (Old IPC 180): Refusing to sign recorded statements.
BNS Sec 216 (Old IPC 179): Refusing to answer questions asked by Judge.
The Instant Protocol: The offender is detained. At any time before the "rising of the court on the same day", the court takes direct cognizance and can sentence them to a fine of Max Rs. 200, and up to 1-month simple imprisonment in default of payment.
🌐 TO INTERPOLATE: Virtual Courts & BNSS 530 Integration Under the digital trial infrastructure of BNSS Sec 530, if a witness is testifying remotely via video conference and hurls an insult at the judge, the virtual link acts as an extension of the physical courtroom, allowing direct invocation of Section 384!
✏️ COMPLEMENTARY DIFFERENCE: Sec 379 is the Slow Route. Sec 383 is the Fast Summary Perjury Route. Gurukul Nexus Judicial Academy

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Nemo Judex Protocol & Exam Kit

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VIII. BNSS Section 385: Transfer Protocol (The Escape Valve)

(Corresponds to Section 346 CrPC)

What if a courtroom disruptor throws a physical object at the judge or threatens violence? A Rs. 200 fine (under Section 384) is completely inadequate. However, the insulted Judge cannot sentence them to a heavy jail term themselves due to the core natural justice maxim: "Nemo Judex In Causa Sua" (No one should be a judge in their own cause)

  • The Trigger: If the court considers the offense deserves punishment beyond a Rs. 200 fine or direct prison time.
  • The Protocol: The court records the facts of the insult and the statement of the accused, then forwards the case to a Magistrate having jurisdiction to hold a proper neutral trial.
  • Custody: The court can send the offender in custody or demand security for appearance before that Magistrate.
🧠 Topper Mnemonic for Sequence: "P-A-C-M-S-C-T"

"Perjury Appeals Cost Magistrates Summary Contempt Transfers"

P

Procedure (379)

A

Appeal (380)

C

Costs (381)

M

Magistrate (382)

S

Summary (383)

C

Contempt (384)

T

Transfer (385)

📝 Live Self-Test Quiz (Click to Reveal Answers)

Q1. When a Judge files a complaint under Sec 379 BNSS, how must the receiving Magistrate treat it?

Q2. What is the maximum sentence a Court of Session can pass under the summary perjury trial of Sec 383?

Q3. What jurisprudential doctrine dictates the transfer under Section 385?

🚀 CONGRATS! You have mastered the core of Chapter XXVIII BNSS! Gurukul Nexus Judicial Academy
Master Study Guide: BNSS Sec 386-391

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CRIMINAL LAW REFORM SERIES

MASTER STUDY GUIDE: SECTIONS 386 TO 391 OF BNSS, 2023

Corresponding to Sections 347 to 352 of CrPC, 1973

Conceptual Pivot

The Jurisprudential Landscape of Chapter XXVIII (Conclusion):

While the initial sections (Sec 379-385 BNSS) empower the Court as a fast-acting prosecutor against perjury & courtroom contempt, the final arc (Sec 386-391 BNSS) builds structured fail-safes. This ensures procedural survival: balancing absolute power with appellate sanity and natural justice.

Visual Mapping of Judicial Safeguards
Sec 386 [Civil Status]

Deeming Registrars as Civil Courts

Sec 387 [The Escape]

Discharge on Apology

Sec 388 & 389 [Coercion]

Silent Witness & Absence Strikes

Sec 390 & 391 [Checks]

Appellate Track & Nemo Judex Filters

BNSS § 386

When Registrar or Sub-Registrar to be deemed a Civil Court

Old Law Equiv: Section 347 CrPC

The Power Source: State Government holds the discretionary notification power. It may declare that any Registrar or Sub-Registrar appointed under the Registration Act, 1908, shall be deemed a Civil Court for the purposes of Chapter XXVIII.
The Operational Mechanism:
  • Allows Registration Officers to act with the authority of a Civil Court specifically when invoking Section 379 (Procedure for filing complaints of forgery/perjury) and Section 380 (Appellate reviews).
  • Prevents land registration processes from being crippled by forged documentation without immediate judicial recourse.

Topper's Golden Rule (Exam Edge):

Always note the jurisdictional route! Because a Registrar/Sub-Registrar is originally an executive officer, their appeals could get messy. BNSS solves this cleanly through Section 390(4) — any appeal from a conviction by a deemed Civil Court under Section 386 goes to the Court of Session of that division, never to an executive authority!

Subject: Procedural Law (BNSS) Page 1 of 4
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BNSS § 387

Discharge of Offender on Submission of Apology

Old Law Equiv: Section 348 CrPC

This serves as the "Escape Hatch" for sudden contemptuous acts. It stops minor emotional outbursts from ruining lives with dynamic judicial forgiveness.

The 3-Step Apology Protocol:

1. Trigger

Offender has already been punished under Sec 384 (Summary Contempt) or Sec 388 (Refusing to Answer).

2. Act

Offender tenders a sincere apology to the court before the sentence is completed.

3. Resolution

Court in its absolute discretion can discharge the offender or remit the punishment.

Illustrative Practical Case:

During an aggressive cross-examination, Witness "X" gets frustrated and yells obscenities at the presiding Magistrate. The Magistrate instantly detains him and imposes a fine of ₹200 under Section 384. Two hours later, "X" cools down, feels remorseful, and presents a written apology. Under Section 387, the Magistrate, satisfying himself of the apology's sincerity, accepts it, cancels the fine, and orders "X's" release.

BNSS § 388

Imprisonment or Committal of Person Refusing to Answer or Produce Document

Old Law Equiv: Section 349 CrPC

Provides the coercive mechanism when a physically present witness refuses to speak or surrender materials without a reasonable excuse.

⚡ STATUTORY SILENCE BREAKING PIPELINE
Step 1: Witness in box refuses to answer or hand over documents No Excuse
Step 2: Sentence to Simple Imprisonment/Custody Max 7 Days
Step 3: If still silent after 7 days BNS Sec 216 / 210 Prosecution
Essential Legal Guardrails:
  • The Court *must* record its reasons for the sentence in writing.
  • If the witness complies and answers mid-sentence, they must be released immediately.
  • If the witness has a "reasonable excuse" (e.g., self-incrimination safeguards or privileged communications under the Bharatiya Sakshya Adhiniyam), they *cannot* be punished.
Subject: Procedural Law (BNSS) Page 2 of 4
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BNSS § 389

Summary Procedure for Non-Attendance by a Witness

Old Law Equiv: Section 350 CrPC

While Section 388 targets the witness who *is there but silent*, Section 389 targets the witness who *ignores summons entirely*.

Key Components of the Summary Strike:

  • Summons Ignored: The witness fails to attend or departs without permission.
  • Interests of Justice: The Court is satisfied that speedy punishment is expedient.
  • Show-Cause Mandate: The Court *must* issue a notice and give them an opportunity to offer a reasonable excuse before rendering judgment.
  • Fine Limit: Tried summarily and sentenced to a fine not exceeding ₹100 (or the equivalent under BNS provisions).
BNSS § 390

Appeals from Convictions under Sec 383, 384, 388, and 389

Old Law Equiv: Section 351 CrPC

These summary prosecutions have the Judge acting as both standard victim and immediate punisher. To avoid abuse of power, Section 390 establishes a mandatory appellate path.

⚖️ THE ROUTING TABLE OF APPEALS
Civil/Crim Magistrate Court of Session (Session division)
Court of Session High Court of the State
Court of Small Causes Court of Session (where situated)
Deemed Registrar Court Court of Session (Sec 390(4))
Topper's Comparative Blueprint (+39 Shifting Matrix)
Concept New BNSS (2023) Old CrPC (1973) Key Operational Dynamics
Registrar as Civil Court Sec 386 Sec 347 Preserves registration authority prosecution powers.
Apology Relief Sec 387 Sec 348 Sincere apology acts as an exit route.
Silent Witness Custody Sec 388 Sec 349 Locks up silent witnesses for up to 7 days.
Summons Non-attendance Sec 389 Sec 350 Summary trial for absent summons targets (₹100 limit).
Subject: Procedural Law (BNSS) Page 3 of 4
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BNSS § 391

Judges and Magistrates not to try certain offences when committed before themselves

Old Law Equiv: Section 352 CrPC

The Ultimate Natural Justice Rule: Nemo Judex In Causa Sua (No one should be a judge in their own cause).

The Core Ban: No Criminal Court Judge (excluding High Court Judges) or Magistrate can conduct a full, standard trial for offenses mentioned in Section 215 BNSS (perjury, severe forgery, contempt) when committed directly before them or in contempt of their own authority.

⚖️ THE SYSTEMIC PARADOX EXPLAINED: Generally, a judge must refer case files to another judge to avoid personal bias. However, the law allows four quick, small-scale summary exceptions to protect immediate courtroom sanity:
✔ Sec 383 (Summary Perjury)
✔ Sec 384 (Summary Contempt)
✔ Sec 388 (Witness Silence)
✔ Sec 389 (Summons Absences)

🚀 Master Revision Kit (R-A-R-N-A-N Mnemonic)

R

Registrar

A

Apology

R

Refusal

N

No-show

A

Appeals

N

Nemo judex

Subject: Procedural Law (BNSS) Page 4 of 4
INTERACTIVE EXAM SIMULATOR
Gurukul Practice Lab

Interactive Revision & Self-Test Lab

Test your mastery of BNSS Sections 386–391 before moving forward. Click options for immediate feedback.

Q1. What is the maximum duration a silent witness can be jailed under Section 388 BNSS?
Q2. Where does an appeal go if someone is convicted by a Sub-Registrar deemed a Civil Court under Section 386?
Q3. Which of the following is NOT an exception to the Nemo Judex prohibition under Section 391?
💡 Critical Conceptual Checkups (Click to reveal solutions):
What happens if a silent witness decides to answer questions after 3 days of simple imprisonment?

Under the final clauses of Sec 388, they must be brought before the Court and released immediately from custody upon complying with the examination request.

Is a sincere written apology an absolute right of discharge under Section 387?

No. The statute declares it is to the "satisfaction of the Court." The judge retains full judicial discretion to refuse insincere apologies.

Subject: Practice Lab (BNSS) Interactive Revision End