Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 389
Code: BNSS Section 389
Explanation: This section deals with the offense of a witness failing to appear before a Criminal Court when legally summoned.
- Summoned Witness: A witness who is legally obligated to appear in court at a specific place and time in response to a summons.
- Without Just Excuse: If a witness fails to appear without a valid reason, they may be considered in violation of this section.
- Court’s Discretion: The Court has the authority to determine if it’s necessary to hold a summary trial for the witness’s non-appearance based on the interests of justice.
- Summary Trial: A simplified and expedited trial process, usually conducted without a jury.
- Penalty: The Court can impose a fine of up to five hundred rupees if the witness is found guilty.
- Procedure: The Court must follow the procedures prescribed for summary trials as closely as possible.
Illustration: Imagine a witness named Mr. X is summoned to appear in court on a specific date and time. Mr. X is aware of the summons but intentionally chooses not to appear without a valid reason. The Court, after considering the circumstances, deems it necessary to hold a summary trial against Mr. X. In this case, Mr. X could be found guilty and fined up to five hundred rupees.
Common Questions and Answers:
- Q: What constitutes a “just excuse” for failing to appear?
- A: Valid reasons may include medical emergencies, natural disasters, or other compelling situations beyond the witness’s control. The court will assess the validity of the excuse.
- Q: Can a witness be imprisoned for not appearing?
- A: No, Section 389 specifically outlines a fine as the potential punishment.
- Q: Does the Court have to hold a summary trial?
- A: It’s at the Court’s discretion. They must determine if a summary trial is “expedient in the interest of justice.”
- Q: What if a witness fails to appear due to a mistake?
- A: The Court will consider the circumstances and may not impose a fine if the non-appearance was unintentional.
