Bharatiya Nagarik Suraksha Sanhita, 2023
Section 384
Procedure in certain cases of contempt
(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the
Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.
(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
Why this exists
Courts need the authority to maintain order and respect for their proceedings in real time — waiting for a separate trial to punish someone who insults or obstructs a judge in open court would undermine the court's ability to function. This section gives courts a swift, same-day power to act, balanced by a cap on the punishment and a mandatory written record so the action stays transparent and reviewable.
Common misconceptions
- Myth: A judge can punish anyone for anything said in court, however minor, using this same-day power.
Fact: This power is limited to specific listed offences committed directly in the court's view or presence, with a capped fine and a mandatory written record.