BNSS §385
Procedure where Court case should not be dealt with under section 384.
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Comparison
346. Procedure where Court considers that case should not be dealt with under section 345.—(1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 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 345, 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.
385.
(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.
What changedAI-inferred
Procedure where Court considers that case should not be dealt with under section 345.
Old position
CrPC 346 is concerned with Procedure where Court considers that case should not be dealt with under section 345. Procedure where Court considers that case should not be dealt with under section 345
New position
BNSS 385 preserves the framework with drafting modernisations as required by the new code. Topic: Procedure where Court case should not be dealt with under section 384.. 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
BNSS 385 (Procedure where Court case should not be dealt with under section 384.) preserves the framework of CrPC 346. BNSS 385 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 385 text: If the...
Editorial deltaAI-indicated (source-linked)
BNSS 385 (Procedure where Court case should not be dealt with under section 384.) preserves the framework of CrPC 346. BNSS 385 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 385 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 346 continues to apply. For matters from that date forward, BNSS 385 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 385 (Procedure where Court case should not be dealt with under section 384.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §346 → BNSS §385 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/385.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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