Chapter XXVI
Section 346 CrPC: Procedure where Court considers that case should not be dealt with under section 345
New Law Update (2024)
Section 390 BNSS
TRIAL COURT
Magistrate having jurisdiction
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If the Court in any case considers that a person accused of any of the offences referred to in Section 345 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 345, 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.
Important Sub-Sections Explained
Section 346(1)
This sub-section outlines the conditions under which a Court, having observed an offence referred to in Section 345, decides not to summarily dispose of it but instead forward it for a proper trial. This happens when the Court believes the offence warrants imprisonment, a fine exceeding two hundred rupees, or for any other reason deems it unsuitable for summary disposal.
Section 346(2)
This sub-section clarifies the procedure for the Magistrate to whom such a case is forwarded. The Magistrate is required to deal with the case as if it were initiated by a police report, ensuring a comprehensive legal process rather than a summary one.