If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions 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 384 or section 385.
Bharatiya Nagarik Suraksha Sanhita
Section 388
Imprisonment or committal of person refusing to answer or produce document
⚡ Quick Answer Reference: Section 388 BNSS
- Provision: Section 388 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: If a witness or person refuses to answer questions or produce a document in court, they can be sent to jail for up to 7 days. The court must give them a chance to explain why they're refusing. If they still don't cooperate, they can be punished.
What does Section 388 of BNSS say?
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What does Section 388 of BNSS mean?
Plain English Explanation
If a witness or person refuses to answer questions or produce a document in court, they can be sent to jail for up to 7 days. The court must give them a chance to explain why they're refusing. If they still don't cooperate, they can be punished.
Practical Interpretation
This section is used in real-life court cases when a witness or person refuses to cooperate with the court's requests. The court will first give them a chance to explain themselves, and if they still refuse, they can be punished. This section is often used in cases where a person is trying to avoid giving evidence or producing important documents.
Core Legal Purpose
The core purpose of this section is to ensure that witnesses and persons produce evidence and answer questions truthfully in court. It aims to prevent obstruction of justice and ensure that the court can function smoothly.
- •The witness or person must be called to produce a document or thing before a Criminal Court.
- •The witness or person must refuse to answer questions or produce the document or thing.
- •The court must give the witness or person a reasonable opportunity to explain their refusal.
- •The witness or person must not offer a reasonable excuse for their refusal.
Practical Example of Section 388 BNSS
Rajesh, a key witness in a murder case, is called to the court to produce a crucial document. However, he refuses to produce the document, citing personal reasons. The court gives Rajesh a chance to explain himself, but he still refuses to cooperate. The court then sentences Rajesh to simple imprisonment for 7 days, as he has refused to produce the document and answer questions truthfully.
Frequently Asked Questions about Section 388 BNSS
Q: What is the punishment or consequence under Section 388 of BNSS?
The punishment under Section 388 of BNSS is simple imprisonment for up to 7 days, or committal to the custody of an officer of the court for the same period. The court may also deal with the person according to the provisions of Section 384 or Section 385 if they persist in their refusal.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is applicable to any witness or person called to produce a document or thing before a Criminal Court.
Q: Is an offence under this section bailable or cognizable?
An offence under this section is not bailable, as it is a criminal offence punishable by imprisonment. However, it is not cognizable, as the police cannot arrest a person without a warrant from the court.
Common Questions about Section 388 BNSS
What is Section 388 of BNSS?
Section 388 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Imprisonment or committal of person refusing to answer or produce document". In plain terms: If a witness or person refuses to answer questions or produce a document in court, they can be sent to jail for up to 7 days. The court must give them a chance to explain why they're refusing. If they still don't cooperate, they can be punished.
What is the punishment under Section 388 of BNSS?
Section 388 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 388 of BNSS bailable or non-bailable?
Whether Section 388 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 388 of BNSS?
The essential elements of Section 388 of BNSS are: The witness or person must be called to produce a document or thing before a Criminal Court.; The witness or person must refuse to answer questions or produce the document or thing.; The court must give the witness or person a reasonable opportunity to explain their refusal..
Landmark Judgments under Section 388 BNSS
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Sections commonly cited alongside Section 388
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