Section 385 BNSS: Procedure Where Court Considers That Case Should Not Be Dealt With Under Section 384
Section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedure to be followed when a Court considers that an offence dealt with under Section 384 BNSS should not be finally disposed of by that Court through the summary procedure prescribed there.
Current status: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions came into force from 1 July 2024, subject to the notified exception relating to the First Schedule entry concerning section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 385 is in force.
What Section 385 BNSS Provides
Section 385 applies in a case arising from the offences referred to in Section 384 when the conduct has taken place in the view or presence of the Court, but the Court considers the summary procedure under Section 384 inappropriate or insufficient. The provision permits the Court to send the matter to a Magistrate having jurisdiction to try it.
The section specifically contemplates forwarding the case where the Court considers that imprisonment should be imposed otherwise than merely in default of payment of fine, where a fine exceeding two hundred rupees should be imposed, or where the Court considers for any other reason that the matter should not be disposed of under Section 384.
Text of Section 385, Bharatiya Nagarik Suraksha Sanhita, 2023
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.
How the Procedure Works
- Connection with Section 384: Section 385 operates only in relation to offences referred to in Section 384 and committed in the view or presence of the Court.
- Record by the Court: Before forwarding the case, the Court records the facts constituting the offence and the statement of the accused as provided in the preceding procedure.
- Forwarding to a competent Magistrate: The matter may then be sent to a Magistrate having jurisdiction to try it.
- Appearance before the Magistrate: The Court may require security for the person's appearance. If sufficient security is not furnished, the person is forwarded in custody.
- Procedure before the Magistrate: Under sub-section (2), the Magistrate deals with the forwarded case, as far as may be, as though it had been instituted on a police report.
Section 384 and Section 385: Practical Difference
| Provision | Purpose |
|---|---|
| Section 384 BNSS | Provides a summary procedure for specified contempt-like offences committed in the view or presence of the Court, subject to the limits stated in that section. |
| Section 385 BNSS | Provides the route for sending the case to a Magistrate when the Court considers that disposal under Section 384 is not appropriate or sufficient. |
Why Section 385 Matters
The provision separates the Court's immediate power to address certain misconduct occurring before it from the fuller criminal process that may be required where the matter calls for a punishment or treatment beyond the summary limits of Section 384. It therefore creates a procedural bridge from the summary mechanism to trial before a Magistrate having jurisdiction.
In simple terms: if a Court sees an offence covered by Section 384 but believes the case is too serious or otherwise unsuitable for summary disposal under that section, Section 385 allows the Court to record the necessary facts and send the case to the proper Magistrate for further proceedings.
Related BNSS Provisions
For the surrounding statutory scheme, see Section 383 - Summary procedure for trial for giving false evidence, Section 384 - Procedure in certain cases of contempt, Section 386 - When Registrar or Sub-Registrar to be deemed a Civil Court, and Section 390 - Appeals from convictions under sections 383, 384, 388 and 389.
Official Sources
The official consolidated text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code. The commencement notification dated 23 February 2024 was issued by the Ministry of Home Affairs appointing 1 July 2024 as the commencement date, subject to the exception stated in that notification.
Legal note: This page is a general statutory guide. For a pending case, the applicable facts, procedural history, territorial jurisdiction, transitional provisions and binding judicial decisions should also be examined.
Last reviewed: 12 September 2026.