Sections 345 and 346 CrPC: Procedure in Certain Cases of Contempt

Sections 345 and 346 of the Code of Criminal Procedure, 1973 formed part of the provisions dealing with offences affecting the administration of justice. This article explains the procedure under those provisions for matters arising in the view or presence of a Court, with the law stated for the period before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Historical-law context: The BNSS came into force on 1 July 2024. This page is intentionally focused on Sections 345 and 346 CrPC as applicable before that change. The section numbers 345 and 346 in the BNSS concern different subjects, so they should not be treated as direct equivalents merely because the numbers are the same.

Meaning and scope of Section 345 CrPC

Section 345 CrPC provided a special and limited summary procedure where specified offences were committed in the view or presence of a Civil, Criminal or Revenue Court. The offences referred to were those described in Sections 175, 178, 179, 180 or 228 of the Indian Penal Code, 1860.

In practical terms: the provision enabled the Court to deal immediately with certain conduct obstructing or insulting the administration of justice when the relevant act occurred before the Court itself, subject to the statutory safeguards.

Procedure under Section 345 CrPC

Where the statutory conditions were satisfied, the Court could cause the offender to be detained in custody and, before the Court rose on the same day, take cognizance of the offence. Before punishment, the offender had to be given a reasonable opportunity to show cause why he should not be punished under the section.

The punishment available under Section 345 was a fine not exceeding Rs. 200. In default of payment, the Court could impose simple imprisonment for a term extending to one month, unless the fine was paid sooner.

Record to be made by the Court

The Court was required to record the facts constituting the offence, any statement made by the offender, and the finding and sentence. Where the offence was under Section 228 IPC, the record also had to show the nature and stage of the judicial proceeding and the nature of the interruption or insult.

Meaning and scope of Section 346 CrPC

Section 346 applied where the Court considered that the matter should not be finally dealt with through the limited summary procedure under Section 345. It provided a route for forwarding the case to a Magistrate having jurisdiction to try it.

When a case could be forwarded under Section 346

The Court could use Section 346 where it considered that imprisonment should be imposed otherwise than merely in default of payment of fine, where a fine exceeding Rs. 200 appeared appropriate, or where for any other reason the Court considered that the case should not be disposed of under Section 345.

After recording the facts constituting the offence and the statement of the accused, the Court could forward the case to a Magistrate having jurisdiction. It could require security for the person's appearance before that Magistrate; if sufficient security was not furnished, the person could be forwarded in custody.

The receiving Magistrate was required, as far as may be, to deal with the case as though it had been instituted on a police report.

Difference between Sections 345 and 346 CrPC

Section 345 supplied the Court with a narrowly confined summary power for specified offences committed in its view or presence, including a limited fine and default sentence. Section 346 addressed cases in which that summary disposal was considered inadequate or otherwise unsuitable and enabled the matter to be sent to the competent Magistrate for regular adjudication.

Important procedural safeguards

The offence had to fall within the offences specified in Section 345 and be committed in the view or presence of the Court.
The offender had to receive a reasonable opportunity to show cause before punishment under Section 345.
The Court had to make the statutory record of the facts, statement, finding and sentence.
Where the Court considered the limited Section 345 procedure unsuitable, Section 346 provided for referral to a Magistrate rather than an expanded summary punishment by the same Court.

Position after 1 July 2024

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC framework from 1 July 2024, subject to its statutory transitional operation. For a proceeding or issue governed by the earlier Code, the applicable commencement and savings provisions should therefore be checked before relying on the CrPC procedure.

This page is a general legal-information article on the pre-BNSS CrPC provisions and is not a substitute for advice on the facts of a particular proceeding.