Code:
When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.
Explanation:
This section empowers the court to discharge an accused person if:
- The accused expresses regret or makes an apology for the offense.
- The person aggrieved accepts the apology.
- The court deems it fit to discharge the accused.
The court has discretion to impose terms on the accused as it deems just.
Illustration:
A man accidentally bumps into a woman in a crowded market, causing her to spill her groceries. He apologizes profusely and helps her pick up the items. The woman accepts his apology. In this case, the court could apply Section 348 and discharge the man on the basis of his apology being accepted by the aggrieved party.
Common Questions and Answers:
Q: Is this section applicable to all offenses?
A: No. This section is usually applied in cases of minor offenses, typically those that do not involve serious harm or injury. It may not be applicable in serious crimes like murder or rape.
Q: Can the court refuse to discharge the accused even if the apology is accepted?
A: Yes. The court has discretion to decide whether to discharge the accused or not. It may consider factors like the nature of the offense, the gravity of the harm caused, and the accused’s past record.
Q: What kind of terms can the court impose?
A: The court can impose terms like paying compensation to the aggrieved party, performing community service, or refraining from certain actions.
