Procedure where Court considers that case should not be dealt with under section 384.
What this section does
Where a Court considers that a person accused of offences under section 384 should be imprisoned otherwise than in default of fine, or that a fine exceeding two hundred rupees should be imposed, or for any other reason the case should not be disposed of under section 384, the Court shall record the facts and the accused's statement and forward the case to a competent Magistrate. The Court may require security for the accused's appearance before the Magistrate, or if sufficient security is not given, shall forward the accused in custody; the Magistrate shall then deal with the case as if instituted on a police report.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Magistrate · Accused
Derived from CrPC s.346.
Read the official text
For the binding statutory text of BNSS Section 385, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 385 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.