Code: Section 389 BNSS
Punishment for Neglect or Refusal to Attend Court
389.
(1) If any witness who is legally summoned to appear before a Criminal Court:
- Neglects or refuses to attend at the designated time or place, or
- Leaves the place of attendance before the lawful time,
And the Court is satisfied that the witness should be tried summarily, the Court may:
- Take cognizance of the offence, and
- After giving the offender an opportunity to explain, sentence them to a fine not exceeding 500 rupees.
(2) The Court will follow the procedure for summary trials as much as possible when dealing with such cases.
Explanation of Section 389 BNSS
Section 389 BNSS ensures witness compliance by penalizing those who fail to attend a Criminal Court after being legally summoned. This section gives the Court the authority to punish non-compliant witnesses with a fine or further legal action.
Key Provisions:
- What Actions Lead to Punishment?
- Failure to attend at the appointed place and time without a valid reason.
- Leaving the court before the permitted time.
- Punishment for Non-Attendance
- Fine of up to 500 rupees if the Court deems it necessary in the interest of justice.
- Procedure for Summary Trials
- The Court will follow summary trial procedures as much as possible in such cases.
Illustration
Example 1: Witness Failing to Appear on Time
A witness is summoned to testify in a criminal case but fails to attend at the specified time without providing a valid excuse.
- The judge deems the witness’s absence as unjustified.
- The Court proceeds to fine the witness 500 rupees after giving them the opportunity to explain.
Example 2: Witness Leaving the Court Prematurely
A witness leaves the courtroom before being released by the judge, causing a delay in proceedings.
- The Court imposes a fine of 500 rupees for their non-compliance.
Common Questions and Answers on Section 389 BNSS
1. What happens if I am summoned to court but cannot attend?
If you fail to attend without a valid reason, the Court can impose a fine of up to 500 rupees under Section 389 BNSS.
2. Can the Court punish me immediately for failing to attend?
Yes, the Court can impose a fine after taking cognizance of the offence and giving you a chance to explain your actions.
3. Can the fine be waived if I attend later?
The Court may still impose a fine for the delay, but it will depend on the specific circumstances and your justification for not attending earlier.
4. What is the procedure followed in these cases?
The Court will generally follow the summary trial procedure, which is faster and simpler, when dealing with witness non-compliance under Section 389 BNSS.
Conclusion
Section 389 BNSS seeks to ensure witnesses comply with court summons and attendance. Those who neglect or refuse to attend may face a fine, which will be determined by the Court after considering the circumstances. For more updates, visit ApniLaw! 🌟