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.
Bharatiya Nagarik Suraksha Sanhita
Section 389
Summary procedure for punishment for non-attendance by a witness in obedience to
⚡ Quick Answer Reference: Section 389 BNSS
- Provision: Section 389 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: If a witness is summoned to appear in court and doesn't show up without a good reason, the court can try them in a summary trial and fine them up to 500 rupees. The court must follow the usual summary trial procedure.
What does Section 389 of BNSS say?
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What does Section 389 of BNSS mean?
Plain English Explanation
If a witness is summoned to appear in court and doesn't show up without a good reason, the court can try them in a summary trial and fine them up to 500 rupees. The court must follow the usual summary trial procedure.
Practical Interpretation
This section allows courts to take action against witnesses who don't attend court hearings without a valid excuse. The court will follow the standard summary trial procedure and give the witness a chance to explain themselves before imposing a fine.
Core Legal Purpose
The core purpose of this section is to ensure that witnesses attend court hearings as required and to provide a summary trial procedure for dealing with non-attendance.
- •A witness is legally bound to appear in court at a specified time and place.
- •The witness neglects or refuses to attend without a just excuse.
- •The court is satisfied that it's in the interests of justice to try the witness summarily.
- •The witness has an opportunity to show cause why they shouldn't be punished under this section.
Practical Example of Section 389 BNSS
Rajesh, a key witness in a criminal case, is summoned to appear in court at 10 am. However, he fails to show up without a valid excuse. The court is satisfied that it's in the interests of justice to try Rajesh summarily and gives him an opportunity to explain himself. After hearing his explanation, the court imposes a fine of 200 rupees under Section 389 of BNSS.
Frequently Asked Questions about Section 389 BNSS
Q: What is the punishment or consequence under Section 389 of BNSS?
The punishment under this section is a fine not exceeding 500 rupees.
Q: Does this section apply to private individuals or public entities?
This section applies to witnesses, who can be either private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it does not classify as a bailable or cognizable offence.
Common Questions about Section 389 BNSS
What is Section 389 of BNSS?
Section 389 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Summary procedure for punishment for non-attendance by a witness in obedience to". In plain terms: If a witness is summoned to appear in court and doesn't show up without a good reason, the court can try them in a summary trial and fine them up to 500 rupees. The court must follow the usual summary trial procedure.
What is the punishment under Section 389 of BNSS?
Section 389 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 389 of BNSS bailable or non-bailable?
Whether Section 389 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 389 of BNSS?
The essential elements of Section 389 of BNSS are: A witness is legally bound to appear in court at a specified time and place.; The witness neglects or refuses to attend without a just excuse.; The court is satisfied that it's in the interests of justice to try the witness summarily..
Landmark Judgments under Section 389 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 389
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