BNSS Section 389: Summary procedure for punishment for non-attendance by a witness in obedience to summons
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 28: Provisions as to Offences Affecting the Administration of Justice
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389.
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 379. Procedure in cases mentioned in section 215
- 380. Appeal
- 381. Power to order costs
- 382. Procedure of Magistrate taking cognizance
- 383. Summary procedure for trial for giving false evidence
- 384. Procedure in certain cases of contempt
- 385. Procedure where Court considers that case should not be dealt with under section 384
- 386. When Registrar or Sub-Registrar to be deemed a Civil Court
- 387. Discharge of offender on submission of apology
- 388. Imprisonment or committal of person refusing to answer or produce document
- 390. Appeals from convictions under sections 383, 384, 388 and 389
- 391. Certain Judges and Magistrates not to try certain offences when committed before themselves