Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 389: Summary procedure for punishment for nonattendance by a witness in obedience to summons
(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 interest 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.
Brefe Detail
Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for dealing with a witness who fails to attend a Criminal Court as summoned. If a witness neglects or refuses to appear without a just excuse, the Court may summarily try the case and impose a fine of up to five hundred rupees. The section emphasizes the importance of ensuring that witnesses comply with court summons to maintain the integrity of judicial proceedings.
Question & Answers
What does Section 389 address?
It addresses the punishment for witnesses who fail to attend a Criminal Court as summoned.
What happens if a witness does not attend court?
If a witness neglects or refuses to attend without just excuse, the Court may take cognizance of the offence and impose a fine.
What is the maximum fine that can be imposed on a witness for nonattendance?
The maximum fine is five hundred rupees.
What must the Court do before imposing a fine?
The Court must give the offender an opportunity to show cause why they should not be punished.
What procedure must the Court follow in these cases?
The Court must follow the procedure prescribed for summary trials as closely as possible.
Example
- A witness receives a summons to appear in a Criminal Court but fails to show up at the designated time without providing a valid excuse.
- The Court determines that it is in the interest of justice to try the witness summarily.
- After giving the witness a chance to explain their absence, the Court imposes a fine of two hundred rupees for their nonattendance.
Summary
Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for handling situations where a witness fails to appear in court as required by a summons. It allows the Court to impose a fine of up to five hundred rupees, ensuring accountability among witnesses and maintaining the efficiency of judicial proceedings.
