PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
CHAPTER XXVIII
379. Procedure in cases mentioned in Section 215
380. Appeal
381. Power to order costs
382. Procedure of Magistrate taking cognizance
383. Summary procedure for trial for giving false evidence
384. Procedure in certain cases of contempt
385. Procedure where Court considers that case should not be dealt with under Section 384
386. When Registrar or Sub-Registrar to be deemed a Civil Court
387. Discharge of offender on submission of apology
388. Imprisonment or committal of person refusing to answer or produce document
389. Summary procedure for punishment for non-attendance by a witness in obedience to summons
390. Appeals from convictions under Sections 383, 384, 388 and 389
391. Certain Judges and Magistrates not to try certain offences when committed before themselves
CONTENTS
Chapter XXVIII: Prelims Practice Questions With Answers In The End.
Q1. Under Section 379(1), when a Court is of the opinion that an inquiry should be made into any offence referred to in Section 215(1)(b), it may:
A) Record a finding to that effect and make a complaint in writing.
B) Immediately convict the offender.
C) Dismiss the case for lack of evidence.
D) Refer the matter to the High Court for the filing of a complaint.
Q2. According to Section 379(1), a complaint regarding offences in or in relation to Court proceedings must be signed:
A) By the presiding officer of the Court only.
B) By such officer of the Court as that Court may authorise in writing.
C) By the Public Prosecutor.
D) Either A or B.
Q3. Under Section 380(1), an appeal against a Court's refusal to make a complaint under Section 379 lies to:
A) The High Court in all cases.
B) The Court to which such former Court is subordinate under Section 215(4).
C) The Supreme Court of India.
D) No appeal is allowed against a refusal.
Q4. (Accuracy Check) According to Section 380(2), an order passed in an appeal under this section, and subject to such order, an order under Section 379, shall be:
A) Final and not subject to revision.
B) Subject to a second appeal in the High Court.
C) Subject to summary review by the District Magistrate.
D) Void if not confirmed by the State Government.
Q5. Section 381 empowers which authority to make an order as to costs during proceedings under Section 379 or 380?
A) Only the High Court.
B) Any Court dealing with the application or appeal.
C) Only the Sessions Judge.
D) The District Collector.
Q6. Under Section 382(1), a Magistrate taking cognizance of a complaint made under Section 379 or 380 shall deal with the case:
A) As a summary trial by default.
B) As if it were instituted on a police report.
C) As a summons-case only.
D) By referring it back to the complaining Court for evidence.
Q7. According to Section 383(1), if a Court of Session or 1st Class Magistrate believes a witness knowingly gave false evidence with intent to use it in that proceeding, it may:
A) Fine the witness ten thousand rupees immediately.
B) Take cognizance and try the offender summarily.
C) Order the witness to be detained for six months without trial.
D) Only report the matter to the police for investigation.
Q8. What is the maximum sentence of imprisonment that can be awarded under the summary procedure for giving false evidence (Section 383)?
A) One month.
B) Three months.
C) Six months.
D) One year.
Q9. Under Section 383(2), what procedure shall the Court follow as nearly as practicable for the summary trial of false evidence?
A) Procedure for warrant-cases.
B) Procedure prescribed for summary trials.
C) Procedure for Sessions trials.
D) No specific procedure is required.
Q10. (Problem) During a summary trial for perjury under Section 383, the offender files an appeal against the original judgment where the opinion of false evidence was expressed. The Court shall:
A) Continue the trial and pass sentence.
B) Stay further proceedings of the trial until the disposal of the appeal.
C) Acquit the offender immediately.
D) Transfer the trial to a different district.
Q11. Section 384(1) deals with contempt committed:
A) In a private residence.
B) In the view or presence of any Civil, Criminal, or Revenue Court.
C) Only in the High Court.
D) By a police officer during investigation.
Q12. The maximum fine that can be imposed by a Court taking cognizance of contempt under Section 384 is:
A) Five hundred rupees.
B) One thousand rupees.
C) Two thousand rupees.
D) Five thousand rupees.
Q13. In default of payment of fine for contempt under Section 384, the offender may be sentenced to simple imprisonment for a term up to:
A) Fifteen days.
B) One month.
C) Two months.
D) Three months.
Q14. Statement I: Under Section 384, a Court must take cognizance of contempt before the rising of the Court on the same day.
Statement II: The offender must be given a reasonable opportunity of showing cause why he should not be punished.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both statements are correct.
D) Neither statement is correct.
Q15. Under Section 385(1), if a Court considers that a contempt case should not be dealt with under Section 384, it may:
A) Discharge the accused.
B) Forward the case to a Magistrate having jurisdiction to try the same.
C) Order the offender to be executed.
D) Refer the case to the State Government.
Q16. According to Section 386, the State Government may direct that which officer be deemed a Civil Court for the purposes of Section 384 and 385?
A) Any Police Inspector.
B) Any Registrar or Sub-Registrar appointed under the Registration Act.
C) The District Superintendent of Police.
D) The Village Headman.
Q17. Under Section 387, a Court may discharge an offender or remit punishment if:
A) The offender pays a double fine.
B) An apology is made to the satisfaction of the Court.
C) The offender leaves the State.
D) The Public Prosecutor requests it.
Q18. (Problem) 'W' is called to produce a document before a Court but refuses to do so without a reasonable excuse. Under Section 388, the Court may commit 'W' to the custody of an officer of the Court for a term not exceeding:
A) Twenty-four hours.
B) Seven days.
C) Thirty days.
D) Six months.
Q19. Under Section 389(1), if a witness fails to attend in obedience to a summons and the Court is satisfied it is expedient in the interests of justice, it may try the witness summarily and sentence him to a fine not exceeding:
A) One hundred rupees.
B) Five hundred rupees.
C) One thousand rupees.
D) Five thousand rupees.
**Q20. According to Section 390(1), an appeal against a conviction under Section 383, 384, 388, or 389 lies to:**
A) The High Court only.
B) The Court to which decrees or orders made in such Court are ordinarily appealable.
C) The District Magistrate.
D) No appeal is provided.
Q21. An appeal from a conviction under these sections by a Court of Small Causes shall lie to:
A) The High Court.
B) The Court of Session for the sessions division.
C) The Chief Judicial Magistrate.
D) The State Government.
Q22. If a Registrar or Sub-Registrar deemed to be a Civil Court convicts a person, the appeal lies to:
A) The Inspector General of Registration.
B) The Court of Session for the sessions division.
C) The High Court directly.
D) The Supreme Court.
Q23. (Reasoning) Why does Section 391 generally prohibit Judges or Magistrates from trying offences mentioned in Section 215 when committed before themselves?
A) To ensure the principle of “Nemo judex in causa sua” (No one should be a judge in their own cause).
B) Because Magistrates lack the physical space for such trials.
C) Because Section 215 offences are civil in nature.
D) Only to save time for regular trials.
Q24. Which of the following sections is an EXCEPTION to the general prohibition in Section 391?
A) Section 383.
B) Section 384.
C) Section 388.
D) All of the above.
Q25. Statement I: Under Section 379, a Court may make a preliminary inquiry before filing a complaint.
Statement II: A preliminary inquiry is mandatory in every case under Section 379.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both are correct.
D) Neither is correct.
Q26. (Analytical) In what way does Section 382 differ from the regular procedure for complaints to Magistrates?
A) It requires the Magistrate to act as if the case were instituted on a police report rather than a private complaint.
B) It prohibits the use of advocates.
C) It mandates that the trial must be held in a jail.
D) It allows the Magistrate to skip the examination of the complainant.
Q27. Under Section 383(1), summary trial for false evidence is available to:
A) Any Criminal Court.
B) A Court of Session or Magistrate of the first class.
C) Only the High Court.
D) Only the Chief Judicial Magistrate.
Q28. (Memory Check) Which section of the Bharatiya Nyaya Sanhita, 2023 is specifically mentioned in Section 384(3) regarding interruptions to a Court?
A) Section 103.
B) Section 267.
C) Section 352.
D) Section 196.
Q29. (Accuracy Check) True or False: Under Section 388, if a person persists in their refusal to answer after 7 days of detention, they may then be dealt with under Section 384 or 385.
A) True.
B) False.
Q30. According to Section 390(2), the Appellate Court in a contempt or perjury appeal has the power to:
A) Alter or reverse the finding.
B) Reduce or reverse the sentence.
C) Both A and B.
D) Only B.
**Answer Key**
Q1 – A [S. 379(1)]
Q2 – D [S. 379(1)]
Q3 – B [S. 380(1)]
Q4 – A [S. 380(2)]
Q5 – B [S. 381]
Q6 – B [S. 382(1)]
Q7 – B [S. 383(1)]
Q8 – B [S. 383(1)]
Q9 – B [S. 383(2)]
Q10 – B [S. 383(4)]
Q11 – B [S. 384(1)]
Q12 – B [S. 384(1)]
Q13 – B [S. 384(1)]
Q14 – C [S. 384(1)]
Q15 – B [S. 385(1)]
Q16 – B [S. 386]
Q17 – B [S. 387]
Q18 – B [S. 388]
Q19 – B [S. 389(1)]
Q20 – B [S. 390(1)]
Q21 – B [S. 390(3)]
Q22 – B [S. 390(4)]
Q23 – A [S. 391 context]
Q24 – D [S. 391]
Q25 – A [S. 379(1)]
Q26 – A [S. 382(1)]
Q27 – B [S. 383(1)]
Q28 – B [S. 384(3)]
Q29 – A [S. 388]
Q30 – C [S. 390(2)]
Chapter XXVIII – Statement Based Practice Questions With Answers
Q1. Consider the following statements regarding Section 379:
Statement I: A Court may make a written complaint regarding offences mentioned in Section 215(1)(b) after conducting a preliminary inquiry.
Statement II: A preliminary inquiry is mandatory in every instance before a complaint is filed under this section.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2. Evaluate these statements concerning the signing of a complaint under Section 379(3):
Statement I: If the Court making the complaint is a High Court, the complaint must be signed by the Chief Justice personally.
Statement II: In any other Court, the complaint is signed by the presiding officer or an officer authorized by the Court in writing.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q3. Regarding appeals under Section 380:
Statement I: An appeal against a refusal to make a complaint lies to the Court to which the refusing Court is subordinate.
Statement II: An order passed in such an appeal is final and cannot be subject to revision.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q4. Consider the power to order costs under Section 381:
Statement I: Only the High Court has the power to order costs in proceedings relating to administration of justice offences.
Statement II: Any Court dealing with an application under Section 379 or an appeal under Section 380 may make an order as to costs.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q5. Evaluate these statements regarding the procedure of a Magistrate taking cognizance (Section 382):
Statement I: The Magistrate shall deal with a complaint made under Section 379 as if it were a case instituted on a police report.
Statement II: The Magistrate is required to follow the procedure for warrant-cases by default.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q6. Regarding the summary procedure for trial of false evidence (Section 383):
Statement I: A Court of Session or a Magistrate of the first class may try a witness summarily for giving false evidence.
Statement II: The maximum sentence of imprisonment that can be awarded under this summary procedure is six months.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q7. Concerning the stay of proceedings under Section 383(4):
Statement I: If an appeal is preferred against the original judgment where the perjury was noted, the summary trial for perjury must be stayed.
Statement II: The stay remains in effect until the disposal of the appeal against the original judgment.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q8. Consider the following statements regarding summary trial for perjury (Section 383):
Statement I: Before sentencing an offender, the Court must give them a reasonable opportunity of showing cause.
Statement II: The procedure followed for such summary trials should be as nearly as practicable the one prescribed for “summary trials” in Chapter XXII.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q9. Regarding the summary procedure for contempt (Section 384):
Statement I: Cognizance of contempt committed in view of the Court must be taken before the rising of the Court on the same day.
Statement II: The maximum fine that can be imposed for such contempt is one thousand rupees.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q10. Evaluate these statements regarding default sentences for contempt (Section 384):
Statement I: In default of payment of a fine for contempt, the offender may be sentenced to rigorous imprisonment. Statement II: The term of simple imprisonment in default of fine for contempt shall not exceed one month.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q11. Concerning the forwarding of cases to a Magistrate under Section 385:
Statement I: If a Court feels a contempt case is too serious for summary disposal under S. 384, it can forward it to a Magistrate.
Statement II: The Court may require the offender to give security for their appearance before such Magistrate.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
[49, S. 385(1)]
Q12. Regarding Registrars and Sub-Registrars (Section 386):
Statement I: Every Sub-Registrar appointed under the Registration Act is automatically considered a Civil Court for Chapter XXVIII.
Statement II: This designation requires a specific direction from the State Government.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
Q13. Consider the following regarding the discharge of an offender (Section 387):
Statement I: A Court has the discretion to discharge an offender or remit punishment upon a satisfactory apology.
Statement II: This power can be exercised even after the Court has already adjudged the punishment under Section 384.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q14. Regarding refusal to answer or produce documents (Section 388):
Statement I: A witness refusing to answer a question without a reasonable excuse can be committed to the custody of a Court officer for up to seven days.
Statement II: If the witness persists in refusal after the seven days, the Court has no further power to punish.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q15. Evaluate these statements regarding non-attendance by a witness (Section 389):
Statement I: A Court can try a witness summarily if they neglect to attend in obedience to a summons without a just excuse.
Statement II: The maximum fine for such non-attendance is five hundred rupees.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q16. Regarding appeals from convictions under this Chapter (Section 390):
Statement I: Convictions under Section 384 or Section 389 are appealable to the High Court in all circumstances.
Statement II: The appeal lies to the Court where orders of the convicting Court are ordinarily appealable.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q17. Consider the appellate powers under Section 390(2):
Statement I: An Appellate Court can alter or reverse the finding of the lower Court in a contempt or perjury appeal.
Statement II: The Appellate Court has the power to reduce the sentence imposed by the lower Court.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q18. Evaluate these statements concerning specific appeals (Section 390(3)-(4)):
Statement I: An appeal from a conviction by a Court of Small Causes lies to the Court of Session.
Statement II: An appeal from a conviction by a Registrar deemed to be a Civil Court lies to the Sessions Court of that division.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q19. Regarding the general bar on Judges and Magistrates (Section 391):
Statement I: A Judge of a Criminal Court is generally prohibited from trying any person for offences referred to in Section 215 when committed before themselves.
Statement II: Sections 383, 384, 388, and 389 are explicit exceptions to this general bar.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q20. Concerning the scope of Section 384:
Statement I: The summary procedure for contempt applies only to Criminal Courts.
Statement II: Civil and Revenue Courts also possess the power to take summary cognizance of contempt committed in their view.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Answer Key
Q1 – A
Q2 – B
Q3 – C
Q4 – B
Q5 – A
Q6 – A
Q7 – C
Q8 – C
Q9 – C
Q10 – B
Q11 – C
Q12 – B
Q13 – C
Q14 – A
Q15 – C
Q16 – B
Q17 – C
Q18 – C
Q19 – C
Q20 – B
One-Line Revision Reckoner for Chapter XXVIII
This "Justice Administration Ready Reckoner" provides a streamlined overview of Chapter XXVIII (Sections 379–391) of the BNSS, 2023. This chapter establishes the procedures for addressing offences that interfere with the judicial process, such as perjury, contempt, and non-attendance of witnesses.
1. Procedure for Offences against Public Justice (Section 379)
-
Scope: Applies to offences mentioned in Section 215(1)(b) (e.g., perjury, fabricating evidence, or offences relating to documents given in evidence).
-
The Process:
-
The Court records a finding that an inquiry is expedient in the interests of justice.
-
It makes a complaint in writing to a Magistrate of the first class.
-
A preliminary inquiry is optional and conducted at the Court's discretion.
-
-
Signing the Complaint:
-
High Court: Signed by an officer authorized by the Court.
-
Other Courts: Signed by the presiding officer or an authorized officer.
-
2. Appeals and Costs (Sections 380–381)
-
Right to Appeal: An appeal lies against a Court's refusal to make a complaint OR against the filing of a complaint.
-
Appellate Forum: The appeal is made to the Court to which the first Court is subordinate (as per Section 215(4)).
-
Finality: Orders passed in these appeals are final and not subject to revision.
-
Costs: Any Court dealing with the application or appeal has the power to order just costs.
3. Magistrate’s Procedure (Section 382)
-
Institution: A Magistrate receiving a complaint under this chapter must deal with it as if it were instituted on a police report (rather than a private complaint).
-
Stay of Hearing: If an appeal is pending in the original case from which the perjury/offence arose, the Magistrate may adjourn the hearing until that appeal is decided.
4. Summary Procedures for Perjury and Contempt
Provision & Offence Type Presiding Authority Maximum Penalty
S. 383- False Evidence (Perjury)- Court of Session or 1st Class Magistrate 3 months imprisonment or fine.
S. 384- Contempt in view of Court(Interruptions, etc.)-Any Civil, Criminal, or Revenue Court.
₹1,000 fine; if unpaid, 1 month simple imprisonment.
S. 389-Non-attendance (Witness ignoring summons)-The Court where the witness was to appear
₹500 fine.
5. Refusal to Answer or Produce (Section 388)
-
If a witness refuses to answer questions or produce documents without a reasonable excuse, the Court may commit them to the custody of a Court officer for up to seven days.
-
If the refusal persists after seven days, the person may be dealt with under Section 384 (Summary Contempt) or forwarded to a Magistrate under Section 385.
6. Important Administrative Rules (Sections 386–391)
-
Apology (S. 387): A Court has the discretion to discharge an offender or remit punishment if a satisfactory apology is made.
-
Registrars (S. 386): The State Government may notify that Registrars or Sub-Registrars be deemed a Civil Courtfor the purposes of summary contempt.
-
The General Bar (S. 391): Generally, a Judge or Magistrate is prohibited from trying Section 215 offences committed before themselves (Nemo judex in causa sua).
-
Crucial Exceptions: This bar does not apply to the summary procedures under Sections 383, 384, 388, and 389.
-
-
Appeals (S. 390): Convictions under these summary sections are appealable to the Court where orders of the convicting Court are ordinarily appealable.
Quick Revision Tip: "The rising of the Court" Cognizance for summary contempt under Section 384 must be taken before the rising of the Court on the same day the act was committed.