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BNSS · Section 388 · Chapter XXVIII — PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Imprisonment or committal of person refusing to answer or produce document.

What this section does

If a witness or person called to produce a document or thing before a Criminal Court refuses to answer questions or produce the required document or thing, and offers no reasonable excuse after being given a reasonable opportunity, the Court may record reasons in writing and sentence the person to simple imprisonment or commit them to the custody of a Court officer for up to seven days. If the person persists in refusal, the Court may deal with them under section 384 or section 385.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Criminal Court · Presiding Magistrate · Judge · Witness · Person called to produce document
Time limit
Up to seven days custody
Old-law correspondence

Derived from CrPC s.349.

Read the official text

For the binding statutory text of BNSS Section 388, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 388 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.