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BNSS, 2023
Start Practicing
BNSSChapter XXVIIISection 387
Section387

Discharge of offender on submission of apology

AI Assist

Summary

When a court has punished or sent someone for trial for refusing or omitting to do a lawful duty, or for an intentional insult or interruption, it may in its discretion discharge the offender or remit the punishment. That can be done if the person submits to the court's order or makes an apology that satisfies the court.

Example

Rohan is fined after refusing to clear an encroaching shop counter as ordered by the court. He then apologises in court and immediately complies with the order. The court may discharge him or remit the fine because he submitted to the court's order and apologised.

Bare Act

Enacted text

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.

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XXVIII

Chapter XXVIII

Provisions as to Offences Affecting The Administration of Justice

In this chapter

  • 379Procedure in cases mentioned in section 215
  • 380Appeal
  • 381Power to order costs
  • 382Procedure of Magistrate taking cognizance
  • 383Summary procedure for trial for giving false evidence
  • 384Procedure in certain cases of contempt
  • 385Procedure where Court considers that case should not be dealt with under section 384
  • 386When Registrar or Sub-Registrar to be deemed a Civil Court
  • 387Discharge of offender on submission of apology
  • 388Imprisonment or committal of person refusing to answer or produce document
  • 389Summary procedure for punishment for nonattendance by a witness in obedience to summons
  • 390Appeals from convictions under sections 383, 384, 388 and 389
  • 391Certain Judges and Magistrates not to try certain offences when committed before themselves
Previous · Section 386When Registrar or Sub-Registrar to be deemed a Civil CourtNext · Section 388Imprisonment or committal of person refusing to answer or produce document