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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice

Section 389 BNSS: Summary procedure for punishment for non-attendance by a witness in obedience to summons

Corresponding CrPC
Section 350 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

If a witness who is legally bound to appear in obedience to a summons without just excuse neglects or refuses to attend, or leaves before he may lawfully depart, the Court may take cognizance of the offence and, after giving him a chance to show cause, try him summarily and fine him, as the section provides.

Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice

  1. 379 Procedure in cases mentioned in section 215
  2. 380 Appeal
  3. 381 Power to order costs
  4. 382 Procedure of Magistrate taking cognizance
  5. 383 Summary procedure for trial for giving false evidence
  6. 384 Procedure in certain cases of contempt
  7. 385 Procedure where Court considers that case should not be dealt with under section 384
  8. 386 When Registrar or Sub-Registrar to be deemed a Civil Court
  9. 387 Discharge of offender on submission of apology
  10. 388 Imprisonment or committal of person refusing to answer or produce document
  11. 389 Summary procedure for punishment for non-attendance by a witness in obedience to summons
  12. 390 Appeals from convictions under sections 383, 384, 388 and 389
  13. 391 Certain Judges and Magistrates not to try certain offences when committed before themselves