Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 388: Imprisonment or committal of person refusing to answer or produce document
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.
Brief Detail
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.
What does Section 388 address?
It addresses the imprisonment or committal of a person who refuses to answer questions or produce documents in a Criminal Court.
What happens if a person refuses to comply with a court order?
The court may sentence them to simple imprisonment or commit them to custody for a term not exceeding seven days.
What must the court do before imposing a sentence?
The court must record the reasons for the sentence in writing.
How long can a person be committed to custody under this section?
The term can be up to seven days.
What options does the person have to avoid imprisonment?
The person can consent to be examined, answer questions, or produce the required document or thing.
What happens if the person continues to refuse?
They may be dealt with according to the provisions of sections 384 or 385.
Example
- 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.
Summary
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.
