Скачать или смотреть Chapter 28 BNSS, Provisions as to Offences Affecting The Administration of Justice Section 379 - 391

📘 Chapter 28 BNSS: Safeguarding Justice – Sections 379–391 Explained

🔍 Overview
Chapter 28 of the Bharatiya Nyaya Sanhita (BNSS) delves into the critical provisions addressing offences that undermine the administration of justice. These sections (379–391) outline procedures for handling contempt, false evidence, non-compliance with court orders, and misconduct by judicial officers. Designed to uphold the integrity of the judicial system, these provisions ensure accountability and transparency within the legal framework.

📌 Breakdown of Sections 379–391

Section 379 – Procedure in cases mentioned in section 215
Details the process for initiating inquiries into offences related to judicial proceedings, ensuring that any misconduct within the court's purview is addressed promptly.

Section 380 – Appeal
Provides the right to appeal against decisions made under section 379, ensuring fairness and the opportunity for review.

Section 381 – Power to order costs
Empowers courts to impose costs on parties in cases where proceedings are deemed frivolous or vexatious, deterring misuse of the judicial process.

Section 382 – Procedure of Magistrate taking cognizance
Outlines the procedure for magistrates when taking cognizance of offences affecting judicial administration, ensuring due process is followed.

Section 383 – Summary procedure for trial for giving false evidence
Establishes a streamlined process for trials involving false evidence, aiming for swift justice in such serious matters.

Section 384 – Procedure in certain cases of contempt
Specifies the procedure for handling contempt of court, safeguarding the authority and dignity of the judiciary.

Section 385 – Procedure where Court considers that case should not be dealt with under section 384
Allows courts to determine if a case should proceed under alternative legal provisions, offering flexibility in legal proceedings.

Section 386 – When Registrar or Sub-Registrar to be deemed a Civil Court
Clarifies the circumstances under which registrars or sub-registrars are considered civil courts, expanding the scope of judicial authority.

Section 387 – Discharge of offender on submission of apology
Provides for the discharge of offenders who tender a genuine apology, promoting restorative justice.

Section 388 – Imprisonment or committal of person refusing to answer or produce document
Addresses the consequences for individuals who refuse to comply with court orders to testify or produce documents.

Section 389 – Summary procedure for punishment for nonattendance by a witness in obedience to summons
Establishes a summary procedure to deal with witnesses who fail to attend court as summoned, ensuring the smooth conduct of trials.

Section 390 – Appeals from convictions under sections 383, 384, 388 and 389
Outlines the appellate process for convictions under specific sections, ensuring that justice is served and errors are rectified.

Section 391 – Certain Judges and Magistrates not to try certain offences when committed before themselves
Prevents judges or magistrates from trying cases where they have a personal interest, maintaining impartiality in the judicial process.

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