(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.
Home The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Section 385. Procedure where Court considers that case should not be dealt...