Section 389 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Summary Procedure For Punishment For Non-Attendance By A Witness In Obedience To Summons.

Code: Section 389 BNSS

Summary Procedure for Punishment for Non-Attendance by a Witness in Obedience to Summons

(1) If any witness 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 before the lawful time of departure,

the Court may, if it is satisfied that it is expedient in the interest of justice, try the witness summarily after giving them an opportunity to show cause why they should not be punished. The Court may then sentence the offender to a fine not exceeding five hundred rupees.

(2) The Court shall, as nearly as practicable, follow the procedure prescribed for summary trials.

Explanation of Section 389 BNSS

Section 389 BNSS empowers Criminal Courts to summarily try and punish witnesses who neglect or refuse to attend court proceedings despite being legally summoned. This provision ensures the smooth functioning of judicial processes by holding witnesses accountable for attendance.

Key Provisions:

1. Applicability:
   • Applies to witnesses summoned to appear before a Criminal Court.
2. Conditions for Penalty:
   • Failure to attend without a valid excuse or departure before the lawful time.
3. Court’s Authority:
   • The Court can take cognizance of the offense and try the witness summarily.
4. Penalty:
   • A fine not exceeding five hundred rupees.
5. Summary Trial:
   • The procedure prescribed for summary trials must be followed.

Illustrations:

Example 1: A witness in a theft case neglects to attend court despite receiving a valid summons. The Court summarily tries the witness and imposes a fine of three hundred rupees.

Example 2: A witness leaves the court premises before being formally excused by the judge. The Court provides an opportunity to explain the departure, but the witness fails to justify it. The Court imposes a fine of five hundred rupees.

Common Questions and Answers on Section 389 BNSS

1. What happens if a witness neglects to attend court after being summoned?
   The Court may summarily try the witness and impose a fine of up to five hundred rupees.
2. Can a witness be punished for leaving court early?
   Yes, if the witness departs before the lawful time without justification, they may be fined.
3. Is the witness given a chance to explain their absence?
   Yes, the Court must provide the witness with an opportunity to show cause before imposing a penalty.
4. What procedure is followed for punishing the witness?
   The procedure prescribed for summary trials is followed as closely as practicable.
5. Why is this provision important?
   It ensures the availability of witnesses during trials, preventing unnecessary delays in judicial proceedings.

Conclusion

Section 389 BNSS reinforces the importance of witness attendance in court proceedings. It empowers courts to summarily punish non-compliance while providing a fair opportunity for witnesses to explain their absence,visit ApniLaw.