Section 387 BNSS: Discharge of Offender on Submission of Apology
Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives the Court a discretionary power to discharge an offender or remit punishment in specified contempt-related situations when the offender complies with the Court's order or requisition, or makes an apology that satisfies the Court.
Text of Section 387 BNSS
387. Discharge of offender on submission of apology.
When any Court has under section 384 adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.
What Section 387 BNSS Means
Section 387 operates after action has already been taken under Section 384 BNSS or Section 385 BNSS. It enables the same Court to give relief where the conduct involved refusal or omission to do something lawfully required by the Court, or an intentional insult or interruption.
The provision does not create an automatic right to discharge or remission. The statutory expression "may, in its discretion" means that the Court must decide whether relief is appropriate in the circumstances. An apology is effective for this purpose only when it is made to the satisfaction of the Court.
When Can the Court Discharge the Offender or Remit Punishment?
- The Court has acted under Section 384 BNSS, or has forwarded the person to a Magistrate under Section 385 BNSS.
- The underlying conduct concerns refusal or omission to obey a lawful requirement of the Court, or an intentional insult or interruption.
- The offender subsequently submits to the Court's order or requisition, or offers an apology.
- The Court is satisfied with the compliance or apology and chooses to exercise its statutory discretion.
The Court may either discharge the offender or remit the punishment. In practical terms, the provision recognizes that later compliance or a satisfactory apology may justify bringing the punitive process to an end or reducing its continuing effect.
Section 387 BNSS and Old Section 348 CrPC
Section 387 BNSS corresponds to Section 348 of the Code of Criminal Procedure, 1973. The substance of the provision has been carried forward: both provisions permit discharge or remission where an offender later complies with the Court's requirement or offers an apology satisfactory to the Court.
For proceedings governed by the BNSS, Section 387 is the current provision. Older proceedings may require examination of the repeal-and-savings framework and the date on which the relevant proceeding or conduct arose.
Frequently Asked Questions
Is discharge under Section 387 BNSS automatic after an apology?
No. The power is discretionary. The Court must be satisfied with the apology and must decide to discharge the offender or remit the punishment.
Can compliance with the Court's order be enough even without an apology?
Yes. The section is framed in the alternative: relief may follow submission to the Court's order or requisition, or an apology made to the Court's satisfaction.
Which provisions must be read with Section 387?
Sections 384 and 385 are expressly referred to in Section 387 and should be read together with it.
What was the corresponding provision under the CrPC?
The corresponding provision was Section 348 of the Code of Criminal Procedure, 1973.
This page is a general statutory reference. For a particular proceeding, verify the current bare Act, applicable commencement and savings provisions, and relevant court rules or judicial decisions.