Offences Affecting the Administration of Justice

(a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before that Magistrate, or, if the alleged offence is non-bailable and the Court thinks it necessary, send the accused in custody; and (e) bind over any person to appear and give evidence before that Magistrate.

Sub-section (2), the superior Court. Where the Court has neither made a complaint nor rejected an application for one, the power may be exercised by the Court to which it is subordinate within the meaning of section 215(4).

Sub-section (3), signature. The complaint is signed by such officer as the Court appoints where the Court is a High Court, and in any other case by the presiding officer or an officer authorised in writing.

Sub-section (4). "Court" has the same meaning as in section 215.

Sections 380 and 381: appeal and costs

Section 380(1). Any person on whose application a Court other than a High Court has refused to make a complaint under section 379(1) or (2), or against whom such a complaint has been made by such a Court, may appeal to the Court to which that Court is subordinate within the meaning of section 215(4). The superior Court may, after notice to the parties concerned, direct the withdrawal of the complaint, or direct the making of the complaint which the former Court might have made; and if it makes such a complaint, section 379 applies.

Sub-section (2), finality. An order under this section, and subject to any such order an order under section 379, shall be final and shall not be subject to revision.

Section 381, costs. Any Court dealing with an application to file a complaint under section 379, or an appeal under section 380, shall have power to make such order as to costs as may be just.

Two things here are examinable. The appeal lies both ways, to the man refused a complaint and to the man against whom one is made. And the resulting order is final and not revisable.

Sections 382 and 383: how the case is tried

Section 382(1). A Magistrate to whom a complaint is made under section 379 or 380 shall, notwithstanding anything in Chapter XVI, proceed as far as may be to deal with the case as if it were instituted on a police report.

Sub-section (2). Where it is brought to his notice, or to that of any Magistrate to whom the case is transferred, that an appeal is pending against the decision in the judicial proceeding out of which the matter arose, he may, if he thinks fit, at any stage, adjourn the hearing until that appeal is decided.

Section 383, summary trial for false evidence.

Sub-section (1). If, at the time of delivery of any judgment or final order disposing of a judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion that a witness appearing in that proceeding had knowingly or wilfully given false evidence, or had fabricated false evidence with the intention that it should be used in that proceeding, it may, if satisfied that it is necessary and expedient in the interests of justice that the witness should be tried summarily, take cognizance and, after giving the offender a reasonable opportunity of showing cause, try him summarily and sentence him to imprisonment up to three months, or fine up to one thousand rupees, or both.

Sub-section (2). The Court shall follow, as nearly as practicable, the procedure prescribed for summary trials.

Sub-section (3). Nothing in the section affects the Court's power to make a complaint under section 379 where it does not choose to proceed summarily.

Sub-section (4). Where, after action is initiated, it appears that an appeal or revision has been preferred against the judgment or order in which the opinion was expressed, the Court shall stay further proceedings until its disposal, and the trial shall abide by the result.

Sections 384 to 387: contempt in the Court's presence

Section 384(1). When an offence described in section 210, 213, 214, 215 or 267 of the Bharatiya Nyaya Sanhita, 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 and, after giving him a reasonable opportunity of showing cause, sentence him to fine not exceeding one thousand rupees and, in default, simple imprisonment up to one month unless the fine is sooner paid.

Sub-section (2). The Court shall record the fact constituting the offence, with the offender's statement if any, and the finding and sentence.

Sub-section (3). If the offence is under section 267 of the Bharatiya Nyaya Sanhita 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.

Section 385, when the Court will not use section 384.

Sub-section (1). If the Court considers that the person should be imprisoned otherwise than in default of fine, or that a fine exceeding two hundred rupees should be imposed, or for any other reason thinks the case should not be disposed of under section 384, it may, after recording the facts and the accused's statement, forward the case to a Magistrate having jurisdiction, and require security for his appearance, or, if sufficient security is not given, forward him in custody.

Sub-section (2). That Magistrate shall deal with the case as far as may be as if it were instituted on a police report.

Section 386. 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 384 and 385.

Section 387, the apology. Where a Court has under section 384 adjudged an offender to punishment, or under section 385 forwarded him to a Magistrate, for refusing or omitting to do anything 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 the Court, or on apology being made to its satisfaction.

Sections 388 to 391: refusal, absence, appeal, and the prohibition

Section 388, refusal to answer or produce. If a witness or a person called to produce a document or thing before a Criminal Court refuses to answer the questions put to him or to produce the document or thing in his possession or power which the Court requires, and does not, after a reasonable opportunity, offer any reasonable excuse, the Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime he consents to be examined and to answer, or to produce. If he persists, he may be dealt with under section 384 or section 385.

Section 389, non-attendance on summons.

Sub-section (1). If a witness summoned to appear before a Criminal Court, being legally bound to appear at a certain place and time, without just excuse neglects or refuses to attend, or departs before the time at which it is lawful for him to depart, and the Court is satisfied that it is expedient in the interests of justice that he should be tried summarily, it may take cognizance and, after giving him an opportunity of showing cause, sentence him to fine not exceeding five hundred rupees.

Sub-section (2). The Court shall follow, as nearly as practicable, the procedure for summary trials.

Section 390, appeals.

Sub-section (1). Any person sentenced by any Court other than a High Court under section 383, 384, 388 or 389 may, notwithstanding anything in the Sanhita, appeal to the Court to which decrees or orders made in that Court are ordinarily appealable.

Sub-section (2). Chapter XXXI applies so far as applicable, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence.

Sub-section (3). An appeal from such a conviction by a Court of Small Causes lies to the Court of Session of that sessions division.

Sub-section (4). An appeal from such a conviction by a Registrar or Sub-Registrar deemed a Civil Court under section 386 lies to the Court of Session of the division in which his office is situate.

Section 391, the prohibition. Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court, other than a Judge of a High Court, and no Magistrate, shall try any person for any offence referred to in section 215 when that offence is committed before himself, or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.

Notice the drafting. Section 390(1) lists the same four sections as section 391. The four situations in which a Judge may punish an offence against his own Court are exactly the four from which a special appeal is given. The exception and its safeguard are the same list.

A worked example

In a civil suit a witness produces a forged agreement and swears to it. The Judge disbelieves him and says so in the judgment.

Can the Judge try him for the forgery? No. Section 391 forbids it: the offence is one referred to in section 215, and it was brought under his notice as a Judge in a judicial proceeding.

What can he do? He may, if he thinks it expedient in the interests of justice, and after such preliminary inquiry as he thinks necessary, record a finding, make a complaint in writing, send it to a first class Magistrate, take security for the accused's appearance (or send him in custody if the offence is non-bailable and the Court thinks it necessary), and bind over witnesses, section 379(1).

The witness objects. He may appeal to the Court to which the complaining Court is subordinate, which after notice may direct the withdrawal of the complaint, section 380(1). That order is final and not subject to revision, section 380(2).

Suppose instead the Judge refused an application to complain. The applicant has the same appeal, and the superior Court may direct the making of the complaint itself.

The Magistrate receives the complaint. He deals with it as if it were instituted on a police report, section 382(1), and may adjourn if an appeal is pending against the decision out of which the matter arose, sub-section (2).

Change the offence. The witness merely gave false evidence, and the Court is a Court of Session. At the time of delivering judgment it may express that opinion and, if satisfied it is necessary and expedient, try him summarily after a reasonable opportunity to show cause, and sentence him to three months, one thousand rupees, or both, section 383(1). If an appeal or revision is filed against that judgment, the summary trial is stayed and abides the result, sub-section (4).

Change it again. A man in the gallery insults the Court while it is sitting. That is an offence under BNS section 267 committed in the view or presence of the Court. It may detain him, and before the rising of the Court on the same day take cognizance and, after a reasonable opportunity, fine him up to one thousand rupees, with up to one month's simple imprisonment in default, section 384(1). The record must show the nature and stage of the proceeding and the nature of the insult, sub-section (3).

The Court thinks a fine of two thousand rupees is called for. Then it may not use section 384. It records the facts and his statement and forwards the case to a Magistrate, taking security or sending him in custody, section 385.

He apologises. The Court may in its discretion discharge him or remit the punishment on his submission or on an apology to its satisfaction, section 387.

A witness refuses to answer. After a reasonable opportunity and with no reasonable excuse, the Court may, for reasons in writing, commit him for not more than seven days, ending as soon as he consents to answer; if he persists, sections 384 or 385 follow, section 388.

Another witness simply does not come. If the Court is satisfied it is expedient in the interests of justice, it may try him summarily and fine him up to five hundred rupees, section 389.

Each of these men wants to appeal. They may, to the Court to which decrees or orders of that Court are ordinarily appealable, section 390(1); from a Court of Small Causes or a deemed-Civil-Court Registrar, to the Court of Session.

Distinctions

What this does NOT mean

Section 391 does not stop a High Court Judge. The prohibition is on Judges of Criminal Courts other than a Judge of a High Court, and on Magistrates.

A complaint under section 379 is not a conviction. It is what lets the Magistrate take cognizance; the trial is his.

The order under section 380 is not open to revision. Sub-section (2) says an order under that section, and subject to it an order under section 379, is final.

Section 384 is not a general contempt power. It reaches only the offences named, only when committed in the view or presence of the Court, only before the rising of the Court that day, and only up to a thousand rupee fine.

And section 388 is not a punishment for the refusal as such. The committal is up to seven days and ends the moment the witness consents to answer or produce; persistence is what moves the matter into sections 384 or 385.

Quick revision

• 379: the Court records a finding, complains in writing, sends it to a first class Magistrate, takes security or sends the accused in custody, and binds over witnesses; a superior Court may act where the former neither complained nor rejected an application; signature by the presiding officer or an authorised officer, and in a High Court by an appointed officer.
• 380: an appeal by the person refused a complaint or against whom one is made, to the superior Court, which may direct withdrawal or the making of a complaint; the order is final and not revisable. 381: costs.
• 382: the Magistrate proceeds as if on a police report, and may adjourn pending an appeal in the parent proceeding.
• 383: at the delivery of judgment, a Court of Session or first class Magistrate may try a lying witness summarily: three months, one thousand rupees, or both; summary trial procedure; the section 379 route is preserved; stayed by an appeal or revision.
• 384: contempt offences under BNS ss.210, 213, 214, 215, 267 in the Court's view or presence: detain, and before the rising of the Court that day fine up to one thousand rupees, default one month simple; record the facts, statement, finding and sentence, and for s.267 the stage of the proceeding and the nature of the insult.
• 385: where imprisonment other than in default, or a fine over two hundred rupees, or any other reason, forward to a Magistrate with security or in custody.
• 386: a Registrar or Sub-Registrar may be deemed a Civil Court. 387: discharge or remission on submission or apology.
• 388: refusal to answer or produce with no reasonable excuse, simple imprisonment or committal up to seven days, ending on consent; persistence goes to 384 or 385.
• 389: non-attendance on summons without just excuse, summary trial, fine up to five hundred rupees.
• 390: appeals from 383, 384, 388 and 389 to the Court to which that Court's decrees or orders are ordinarily appealable; from a Small Causes Court or a deemed-Civil-Court Registrar, to the Court of Session.
• 391: except under 383, 384, 388 and 389, no Criminal Court Judge other than a High Court Judge, and no Magistrate, may try a section 215 offence committed before himself, in contempt of his authority, or brought under his notice in a judicial proceeding.

Test yourself

1. Can a Magistrate try a man who forged a document filed in his own court? No. Section 391 forbids it, except in the four situations of sections 383, 384, 388 and 389. He must proceed by a complaint under section 379.

2. What five things may the aggrieved Court do under section 379(1)? Record a finding, make a complaint in writing, send it to a first class Magistrate having jurisdiction, take security for the accused's appearance or send him in custody if the offence is non-bailable and it thinks it necessary, and bind over witnesses.

3. Who may appeal under section 380? Both the person on whose application a Court other than a High Court refused to make a complaint, and the person against whom such a complaint has been made.

4. When may a Court try a witness summarily for false evidence? At the time of delivering the judgment or final order disposing of the proceeding, if it is a Court of Session or a Magistrate of the first class and is satisfied that a summary trial is necessary and expedient in the interests of justice, section 383(1).

5. By when must a Court act under section 384? At any time before the rising of the Court on the same day.

6. For how long may a witness who refuses to answer be committed? For a term not exceeding seven days, and only until he consents to be examined and to answer or to produce, section 388.

7. Where does an appeal lie from a sentence under these sections? To the Court to which decrees or orders made in the sentencing Court are ordinarily appealable; from a Court of Small Causes, or from a Registrar or Sub-Registrar deemed a Civil Court, to the Court of Session of that division, section 390.