Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 389
Summary procedure for punishment for non-attendance by a witness in obedience to summons
In one line
BNSS Section 389 deals with summary procedure for punishment for non-attendance by a witness in obedience to summons and replaces CrPC 350.
Bare act text — BNSS 389
389. Summary procedure for punishment for non-attendance by a witness in obedience to summons.
(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
What changed from the CrPC
- CrPC 350 → BNSS 389: The fine increased to "five hundred rupees" from " One hundred rupees".
Frequently asked
What was BNSS Section 389 in the CrPC?
BNSS Section 389 (Summary procedure for punishment for non-attendance by a witness in obedience to summons) replaces Section 350 of the Code of Criminal Procedure, 1973. CrPC 350 is now BNSS 389.
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Nearby BNSS sections
- BNSS 384 — Procedure in certain cases of contempt
- BNSS 385 — Procedure where Court considers that case should not be dealt with under section 384
- BNSS 386 — When Registrar or Sub-Registrar to be deemed a Civil Court
- BNSS 387 — Discharge of offender on submission of apology
- BNSS 388 — Imprisonment or committal of person refusing to answer or produce document
- BNSS 390 — Appeals from convictions under sections 383, 384, 388 and 389
- BNSS 391 — Certain Judges and Magistrates not to try certain offences when committed before themselves
- BNSS 392 — Judgment
- BNSS 393 — Language and contents of judgment
- BNSS 394 — Order for notifying address of previously convicted offender