BNSS · Section 389 · Chapter XXVIII — PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Summary procedure for punishment for non-attendance by a witness in obedience to summons.

What this section does

If a witness summoned before a Criminal Court, being legally bound to appear, neglects or refuses to attend at the specified place and time without just excuse, or departs before the lawful time, the Court may summarily try the offence and sentence the witness to a fine not exceeding five hundred rupees. The Court must follow the procedure prescribed for summary trials as nearly as practicable.

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

Procedure at a glance

Key actors: Criminal Court · Witness

Old-law correspondence

Derived from CrPC s.350.

Read the official text

For the binding statutory text of BNSS Section 389, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 389 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.