Code: Section 389 BNSS
Failure of Witness to Attend Court
389.
(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 a 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 of the BNSS addresses the failure of a witness to attend court when summoned. If a witness refuses or neglects to appear at the designated time and place, and if the court deems it necessary in the interest of justice, the court may take cognizance of the offense and impose a fine of up to five hundred rupees. This section ensures accountability for witnesses and stresses the importance of their attendance in the judicial process.
Key Provisions:
- Failure to Attend: If a summoned witness does not attend the court without just cause or leaves before they are allowed to do so, the court may treat it as an offense.
- Opportunity to Show Cause: The offender is given an opportunity to show cause as to why they should not be penalized under this section.
- Summary Trial Procedure: The court is required to follow summary trial procedures in such cases.
Illustration
Example 1: Failure of Witness to Attend
A witness is summoned to appear before a criminal court. The witness, however, fails to attend the hearing at the designated time and place without a valid excuse. The court determines that it is necessary to try the case summarily and imposes a fine of 500 rupees on the witness for neglecting the summons.
Example 2: Departure Before the Time is Lawful
A witness arrives at the court but leaves before the allowed time to depart. The court, finding this act disruptive, initiates proceedings under Section 389 and imposes a fine, following the summary trial procedure.
Common Questions and Answers on Section 389 BNSS
1. What happens if a witness does not attend court after being summoned?
- Answer: If a witness neglects or refuses to attend court as summoned, and without just cause, they may be punished with a fine of up to five hundred rupees after a summary trial procedure.
2. Can a court punish a witness who leaves the court before they are allowed to?
- Answer: Yes, if a witness departs from the court before the lawful time, they can be penalized under Section 389 after the court follows the summary trial procedure.
3. Is there an opportunity to explain why the witness should not be punished?
- Answer: Yes, the witness is given an opportunity to show cause why they should not be punished under this section before the fine is imposed.
4. What is the maximum fine a witness can be fined under this section?
- Answer: The fine may not exceed five hundred rupees.
Conclusion
Section 389 BNSS ensures that witnesses attend court as required by law. Those who fail to appear or leave prematurely without just cause face penalties to ensure the smooth functioning of the judicial process. For further details on procedures and legal insights, visit ApniLaw.
