Section 388 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Imprisonment Or Committal Of Person Refusing To Answer Or Produce Document.

Code

Punishment for Refusal to Answer or Produce Documents

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.

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Explanation of Section 388 BNSS

Section 388 BNSS ensures that witnesses and individuals cooperate with the Court’s orders. It grants the Criminal Court the power to punish individuals who unjustifiably refuse to:

1. Answer lawful questions in court.
2. Produce documents or objects that are necessary for legal proceedings.

Key Provisions:

1. What Actions Can Lead to Punishment?
   • Refusing to answer questions put forward by the Court.
   • Withholding documents or evidence required for the case.
   • Failure to provide a valid excuse for such refusal.
2. Punishment for Non-Compliance
   • Simple imprisonment up to 7 days, OR
   • Detention in court custody under an official.
   • If the person agrees to cooperate, they may be released before completion of punishment.
3. Further Legal Action if Refusal Continues
   • If the individual persists in refusing, the Court can proceed under:
     • Section 384 BNSS (Punishment for contempt of court).
     • Section 385 BNSS (Forwarding to Magistrate for trial).

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Illustration

Example 1: Witness Refusing to Answer Questions

A witness in a fraud case refuses to answer questions about the accused’s financial transactions.

• The judge warns the witness and provides a chance to respond.
• The witness continues to refuse without valid reason.
• The judge sentences the witness to 5 days of simple imprisonment under Section 388 BNSS.
• If the witness finally agrees to answer, the punishment may be revoked.

Example 2: Denial of Evidence Submission

A bank manager is asked to produce account statements related to a money laundering case.

• The manager refuses to submit documents despite a valid court order.
• The Court orders his detention for 7 days.
• If he continues to refuse, he may be punished under Section 384 BNSS or Section 385 BNSS.

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Common Questions and Answers on Section 388 BNSS

1. Can a witness refuse to answer questions in court?

A witness cannot refuse unless they have a valid legal excuse, such as:

• The answer would incriminate them (self-incrimination protection).
• The information is protected by privilege (e.g., lawyer-client privilege).

2. What happens if a person refuses to produce documents?

If a person fails to produce a document without a valid excuse, the Court can detain them for up to 7 days and may take further action under Section 384 or Section 385 BNSS.

3. Can the Court punish someone immediately?

Yes. The Court can immediately sentence the person if:

• They refuse without justification.
• They persist even after being given a reasonable opportunity to comply.

4. Can the punishment be removed if the person agrees to comply?

Yes. If the person submits the document or answers the questions, the Court may discharge them before completing the sentence.

5. Can a person appeal against the punishment under Section 388 BNSS?

Yes. The person can appeal in a higher court if they believe the punishment was unjust or not in accordance with legal provisions.

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Conclusion

Section 388 BNSS ensures witness cooperation by penalizing those who refuse to answer questions or produce documents without justification. It allows the Court to take strict action while also providing the opportunity for compliance before imposing further penalties.

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