Section 388 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Imprisonment Or Committal Of Person Refusing To Answer Or Produce Document.

Code: Section 388 BNSS

 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 questions put to them, or
• Refuses to produce any document or thing in their possession or power as required by the Court,

and does not offer a reasonable excuse for such refusal after being given a reasonable opportunity to do so, the Court may:

• Record the reasons for the refusal in writing, and
• Sentence the person to simple imprisonment, or
• Issue a warrant under the hand of the Presiding Magistrate or Judge committing the person to the custody of an officer of the Court for any term not exceeding seven days.

If during this time the person agrees to answer or produce the document or thing, they will be released. However, if they persist in their refusal, they may be dealt with according to the provisions of Section 384 or Section 385 BNSS.

Explanation of Section 388 BNSS

Section 388 BNSS empowers Criminal Courts to address situations where witnesses or other individuals refuse to cooperate by answering questions or producing documents essential to legal proceedings. It ensures judicial proceedings are not obstructed by non-compliance.

Key Provisions:

1. Applicability:

   • Applies to witnesses or any person called upon by a Criminal Court to produce evidence.

2. Conditions for Penalty:

   • Refusal to answer questions or produce documents without a valid excuse.

3. Penalty:

   • Simple imprisonment or committal to court custody for up to seven days.

4. Release upon Compliance:

   • The individual is released if they agree to comply during the custody period.

5. Further Action:

   • Persistent refusal may lead to action under Section 384 or Section 385 BNSS.

Illustrations:

Example 1: A witness refuses to answer key questions about a robbery case. The Court provides multiple opportunities, but the witness fails to give a reasonable excuse. The Court sentences them to simple imprisonment for three days.

Example 2: A business executive summoned to produce financial records refuses without justification. The Court commits them to custody for five days. They later agree to submit the documents and are released.

Common Questions and Answers on Section 388 BNSS

1. What happens if a witness refuses to answer questions in court?
   The Court can impose simple imprisonment or commit the person to custody for up to seven days.

2. Can a person be released if they agree to cooperate after imprisonment?
   Yes, the person will be released if they consent to answer or produce the required document.

3. Is a reason required for imprisonment under this section?
   Yes, the Court must record the reasons for the penalty in writing.

4. What if the person persists in their refusal?
   The Court may proceed under Section 384 or Section 385 BNSS.

5. Why is this provision important?
   It ensures that judicial processes are not hindered by non-compliance, maintaining the integrity of legal proceedings.

Conclusion

Section 388 BNSS empowers courts to enforce cooperation in legal proceedings by penalizing uncooperative witnesses or individuals. It strikes a balance between compliance and fairness by allowing for release upon subsequent cooperation. ApniLaw.