S.379-391 BNSS deals with offences that interfere with or obstruct the administration of justice. These provisions empower courts to take immediate action against conduct that undermines judicial proceedings: contempt in court, refusal to sign statements, furnishing false information, and related acts.
Legal Framework
| Provision | Subject |
|---|---|
| S.379 | Refusal to bind himself by bond |
| S.380 | Resistance to taking of bond |
| S.381 | Contempt of lawful authority of public servant |
| S.382 | Refusal to sign statement |
| S.383 | Furnishing false information |
| S.384 | Non-attendance in obedience to order from public servant |
| S.385 | Non-appearance at specified place and time |
| S.386 | Failure to produce document or electronic communication |
| S.387 | Omission to assist public servant when bound by law |
| S.388 | Resistance to execution of process |
| S.389 | Obstruction of sale of property under court order |
| S.390 | Illegal purchase or bid for property under court order |
| S.391 | Failure to notify address of residence |
Why: The criminal justice system depends on compliance with court orders and truthful participation. Without mechanisms to punish obstruction, the entire system becomes unenforceable. These provisions are the teeth of the procedural code.
Categories of Offences
Non-Compliance Offences:
| Offence | Section | Punishment |
|---|---|---|
| Refusal to bind by bond | S.379 | Imprisonment: period of bond, max 6 months |
| Refusal to sign statement | S.382 | As prescribed in BNS |
| Non-attendance when summoned | S.384 | Fine or imprisonment per BNS |
| Failure to produce document | S.386 | Fine or imprisonment per BNS |
| Non-disclosure of address | S.391 | Fine |
Obstruction Offences:
| Offence | Section | Nature |
|---|---|---|
| Resistance to execution of process | S.388 | Active obstruction of court orders |
| Obstruction of court-ordered sale | S.389 | Interference with execution |
| Illegal purchase at court sale | S.390 | Collusion to defeat judicial process |
False Information:
| Offence | Section | Significance |
|---|---|---|
| Furnishing false information | S.383 | Undermines investigation and judicial decision-making |
Contempt Power and BNSS
The BNSS provisions on contempt are distinct from the Contempt of Courts Act, 1971. They deal with specific procedural contempts (non-compliance with orders), not general contempt (scandalizing the court).
| Type | Governed By | Example |
|---|---|---|
| Criminal contempt (scandalizing) | Contempt of Courts Act, 1971 | Defaming judiciary publicly |
| Civil contempt (disobedience) | Contempt of Courts Act, 1971 | Willful disobedience of court order |
| Procedural contempt | S.379-391 BNSS | Refusing to sign statement, non-attendance |
| Contempt in face of court | S.381 BNSS + BNS | Disruptive behaviour during proceedings |
Procedure for Dealing with Offences
Summary Procedure (S.379-380):
When a person refuses to execute bond or resists:
- Magistrate records substance of offence
- Statement of accused recorded
- Inquiry conducted
- If found guilty: imprisonment or fine
Referral Procedure (S.381-391):
For other offences:
- Court records occurrence
- May try summarily if within jurisdiction
- Or refer to appropriate court for trial
- May impose immediate consequences (fine, detention)
Recall Check
- What is the maximum imprisonment for refusal to execute a bond?
- How does BNSS S.379-391 differ from the Contempt of Courts Act, 1971?
- What happens when a person furnishes false information under S.383?
Key Cases
In Re: Vinay Chandra Mishra (1995) In-Re-Vinay-Chandra-Mishra-1995 Issue: Whether a lawyer's misconduct in court amounts to contempt and affects administration of justice. Rule: Wilful disobedience of court orders and disruptive conduct obstructs administration of justice. Held: Advocates are officers of the court. Their deliberate disobedience or disruptive conduct in court amounts to contempt. Courts have inherent power to maintain order and ensure the administration of justice is not obstructed.
Pritam Pal v. High Court of MP (1993) Pritam-Pal-v-High-Court-of-MP-1993 Issue: What constitutes criminal contempt in relation to administration of justice? Rule: Any act that scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court, is criminal contempt. Held: Acts interfering with due course of judicial proceedings, obstructing administration of justice, or tending to bring the court into disrepute are punishable. The power exists to maintain the majesty and authority of the court.
Distinctions
| Parameter | BNSS Procedural Contempt (S.379-391) | Contempt of Courts Act, 1971 |
|---|---|---|
| Scope | Specific acts (refusal, non-attendance, false info) | General (scandalizing, willful disobedience) |
| Tried by | Magistrate/court where offence occurred | High Court / Supreme Court |
| Punishment | As specified per section | Up to 6 months + Rs.2000 fine |
| Procedure | BNSS procedure | Contempt of Courts Act procedure |
| Nature | Procedural non-compliance | Broader: undermining judicial authority |
Flashcards
Q: What sections of BNSS deal with offences affecting administration of justice? A: S.379-391.
Q: What is the punishment for refusal to execute bond under S.379? A: Imprisonment for the period of the bond, maximum 6 months.
Q: How does BNSS procedural contempt differ from the Contempt of Courts Act? A: BNSS deals with specific procedural non-compliance (non-attendance, refusal to sign); the 1971 Act deals with general contempt (scandalizing, willful disobedience of orders).
Q: What does S.383 punish? A: Furnishing false information to a public servant or court.
Q: Can a court immediately punish non-attendance under S.384? A: Yes. Fine or short imprisonment as prescribed, after giving the person an opportunity to show cause.
Q: What is the nature of offences under S.388 (resistance to execution)? A: Active physical or constructive obstruction of execution of court process (warrants, decrees, orders).
Exam Scenario
A witness duly summoned by the court fails to appear on three consecutive dates without explanation. The court issues a bailable warrant. The witness still fails to appear. The court proposes to take action. Advise on the court's powers.
The court has multiple remedies: (1) S.384 BNSS: Non-attendance in obedience to court summons. The court can impose fine or short imprisonment after recording the default and giving opportunity to explain. (2) S.70 (non-bailable warrant): Since bailable warrant failed, court can issue non-bailable warrant to compel attendance. (3) Contempt of Courts Act: If the non-attendance is wilful and deliberate defiance of court authority, it may constitute civil contempt. However, for a witness, the BNSS remedies (S.384, warrant) are the primary tools. The court should first exhaust BNSS provisions (fine, warrant) before invoking the Contempt of Courts Act. The witness must be given one final opportunity to show cause why action should not be taken for repeated non-compliance.