Sections 347, 348 and 349 CrPC 1973: Registrar as Civil Court, Discharge on Apology and Refusal to Answer
Sections 347, 348 and 349 of the Code of Criminal Procedure, 1973 formed part of the provisions dealing with offences affecting the administration of justice. This article explains their text and practical meaning under the CrPC regime applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Section 347 CrPC - When Registrar or Sub-Registrar is deemed a Civil Court
Meaning: Section 347 enabled a Registrar or Sub-Registrar appointed under the Registration Act, 1908 to be treated as a Civil Court for the limited purposes of Sections 345 and 346 CrPC, but only when the State Government so directed.
When the State Government so directs, any Registrar or Sub-Registrar appointed under the Registration Act, 1908 shall be deemed to be a Civil Court within the meaning of Sections 345 and 346.
The deeming provision was therefore conditional, not automatic. Its function was to extend the specified CrPC procedure concerning certain acts affecting the administration of justice to a Registrar or Sub-Registrar covered by a State Government direction.
Section 348 CrPC - Discharge of offender on submission of apology
Meaning: Section 348 gave the Court a discretionary power to discharge an offender or remit punishment in specified cases where the person complied with the Court's order or requisition, or made an apology satisfactory to the Court.
Where a Court had punished an offender under Section 345, or forwarded the offender to a Magistrate for trial under Section 346, for the specified refusal, omission, intentional insult or interruption, the Court could discharge the offender or remit the punishment upon submission to its order or requisition, or upon an apology satisfactory to it.
The provision was remedial and discretionary. An apology did not by itself create an absolute right to discharge; the Court had to be satisfied with the submission or apology.
Section 349 CrPC - Refusal to answer or produce a document or thing
Meaning: Section 349 dealt with a witness or other person before a Criminal Court who refused, without reasonable excuse, to answer a question or to produce a document or thing that was within that person's possession or power and which the Court required to be produced.
After giving the person a reasonable opportunity to comply, the Court could, for reasons recorded in writing, impose simple imprisonment or commit the person to the custody of an officer of the Court for a term not exceeding seven days. If the person agreed in the meantime to be examined and answer, or to produce the document or thing, the coercive custody could end. Continued refusal could result in action under Section 345 or Section 346.
Safeguards built into Section 349
The section required a reasonable opportunity to comply, absence of a reasonable excuse, and reasons recorded in writing. These requirements were important because the provision authorised a direct coercive consequence for non-compliance with a Criminal Court's lawful requirement.
How Sections 347, 348 and 349 worked together
Section 347 extended the status of a Civil Court, for the limited purposes of Sections 345 and 346, to designated Registrars and Sub-Registrars. Section 348 permitted a Court to respond to later compliance or a satisfactory apology by discharging the offender or remitting punishment. Section 349 addressed refusal by a witness or person to answer or produce required material and linked persistent refusal back to Sections 345 and 346.
Official legal text
The authoritative text of the Code of Criminal Procedure, 1973 can be checked on India Code. The current criminal procedure framework is available through the Ministry of Home Affairs - New Criminal Laws resources.