Section 346 CrPC — Procedure where Court considers that case should no

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Section 346 — Procedure where Court considers that case should not be dealt with under section 345

346

Procedure where Court considers that case should not be dealt with under section 345

Code of Criminal Procedure, 1973

Chapter XXVI Provisions as to Offences Affecting The Administration of Justice

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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years

📅 Updated 2026-04-10📚 Source: The Gazette of India

Court ProcedureOffences In CourtLegal Process

🗣️ Simple Explanation

What does this law say? Section 346 of the CrPC explains what happens if a court thinks a case shouldn't be handled under Section 345. This usually involves offenses committed in the court's presence.

Why does this law exist? It ensures serious offenses get proper attention. It prevents minor issues from clogging up the system. This keeps the justice system fair.

Real-life impact If a person commits a serious offense in court, this section ensures they face a proper trial. This protects the court's integrity. It also ensures justice is served.

What happens if you break this law? The court can send the case to a magistrate. The magistrate will then handle it like a police report. The court can also ask for security to ensure your appearance.

💡 Real Life Example

Rahul disrupts a court hearing with loud shouting. The judge believes it's more serious than a simple fine. The judge sends the case to a magistrate. Rahul must appear before the magistrate. He might face a trial and potential jail time.

Priya is caught cheating during an exam in court. The court decides it's a serious offense. The case is forwarded to a magistrate. Priya could face a trial and a possible fine or imprisonment.

🛡️ KNOW YOUR RIGHTS

•Understand the charges against you.
•Seek legal counsel from a lawyer.
•Cooperate with the court proceedings.
•Ensure your statement is accurately recorded.

❓ FREQUENTLY ASKED QUESTIONS

Section 346 of the CrPC deals with the procedure when a court believes a case shouldn't be handled under Section 345. This means if the offense is serious, the court will forward the case to a magistrate. The magistrate will then handle it like a police report. This ensures serious offenses get proper attention.

If a case is forwarded under Section 346, the magistrate will handle it. The magistrate will treat it as if it were based on a police report. This means a full trial may occur. The accused person will have the right to defend themselves. The magistrate will decide the punishment.

Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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