CrPC Section 349: Imprisonment or committal of person refusing to answer or produce document
Code of Criminal Procedure, 1973 · Chapter 26: Provisions as - offences affecting the Administration of justice
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 349. Imprisonment or committal of person refusing to answer or produce document .- If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346.
Study: explanations and related material
Now BNSS 388 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p19
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 340. Procedure in cases mentioned in section 195
- 341. Appeal
- 342. Power to order Court
- 343. Procedure of Magistrate taking cognizance
- 344. Summary procedure for trial for giving false evidence
- 345. Procedure in certain cases of contempt
- 346. Procedure where Court considers that case should not be dealt with under section 345
- 347. When Registrar or Sub-Registrar to be deemed a Civil Court
- 348. Discharge of offender on submission of apology
- 350. Summary procedure for punishment for non-attendance by a witness in obedience to summons
- 351. Appeals from convictions under sections 344, 345, 349 and 350
- 352. Certain Judges and Magistrates not to try certain offences when committed before themselves