- 19-May-2025
- Transportation and Traffic Laws
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.
Section 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the consequences for a witness or person who refuses to answer questions or produce documents required by a Criminal Court. If such refusal occurs without a reasonable excuse after being given an opportunity to comply, the court may impose a sentence of simple imprisonment or commit the person to custody for up to seven days. If the individual continues to refuse, they may face further actions under sections 384 or 385.
It addresses the imprisonment or committal of a person who refuses to answer questions or produce documents in a Criminal Court.
The court may sentence them to simple imprisonment or commit them to custody for a term not exceeding seven days.
The court must record the reasons for the sentence in writing.
The term can be up to seven days.
The person can consent to be examined, answer questions, or produce the required document or thing.
They may be dealt with according to the provisions of sections 384 or 385.
- A witness is called to testify in a Criminal Court but refuses to answer questions posed by the judge.
- The court provides the witness with a reasonable opportunity to comply but they still refuse without a valid excuse.
- The court then records its reasons and sentences the witness to simple imprisonment for failing to cooperate, or commits them to custody for a term not exceeding seven days.
- If the witness later agrees to answer questions, they may avoid imprisonment.
Section 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers Criminal Courts to impose penalties on individuals who refuse to answer questions or produce required documents. This section ensures compliance with court orders and outlines specific procedures and consequences for non-compliance, including imprisonment or custody for a limited term.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.
