What Is BNSS Section 387?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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.

Brief Detail

Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides courts with the discretion to discharge an offender or remit their punishment if the offender submits to the court's order or makes a satisfactory apology. This section applies when a court has previously adjudged the offender to punishment under section 384 or has forwarded the case to a Magistrate under section 385 for specific offences such as refusing a lawful requirement or causing intentional insults or interruptions.

What does Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?

It addresses the conditions under which a court can discharge an offender or remit their punishment upon submission of an apology.

Under which circumstances can a court discharge an offender according to this section?

The court can discharge an offender if they have been punished under section 384 or forwarded to a Magistrate under section 385.

What must the offender do to be discharged from punishment?

The offender must submit to the court's order or make a satisfactory apology.

What types of actions can lead to punishment under sections 384 or 385?

Actions include refusing or omitting to do something lawfully required or making intentional insults or interruptions.

Is the court required to accept the apology?

No, the court has the discretion to determine whether the apology is satisfactory.

Example

- A court adjudges an offender to a punishment for refusing to comply with a lawful order.
- The offender later submits an apology to the court.
- The court finds the apology satisfactory and decides to remit the punishment, discharging the offender from further liability.

Summary

Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers courts to discharge offenders or remit their punishments if they comply with court orders or provide satisfactory apologies. This section aims to promote compliance and restore relationships while maintaining the court's discretion in adjudicating such matters.