Code
Punishment for Neglect or Refusal to Attend Court
(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.
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! 🌟
