CrPC 349 to BNSS 388: Imprisonment or committal of person refusing to answer or produce document
Section 349 CrPC (1973) replaced by Section 388 BNSS (2023)
CrPC 349 to BNSS 388 at a Glance
Section 349 CrPC (Imprisonment or committal of person refusing to answer or produce document) is now Section 388 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 349 to BNSS 388?
Section 349 CrPC and Section 388 BNSS have the same heading and the same text, except for renumbered cross-references. Section 388 BNSS refers to Section 384 BNSS or Section 385 BNSS where Section 349 CrPC referred to Section 345 CrPC or Section 346 CrPC. The term not exceeding seven days is in both.
CrPC 349 vs BNSS 388: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 349 | 388 |
| Heading | Imprisonment or committal of person refusing to answer or produce document | Same |
| Cross-references | s.345 | s.384 |
CrPC 349 and BNSS 388: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 349, CrPC 1973
349. 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 such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 345 or section 346.
BNSS 2023 (in force)
Section 388, BNSS 2023
388. 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 such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385.
When It Applies: CrPC 349 vs BNSS 388
Under CrPC 349
- A witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put or to produce any document or thing in possession or power which the Court requires to be produced.
- The person does not, after a reasonable opportunity has been given, offer any reasonable excuse for such refusal.
- The Court may, for reasons to be recorded in writing, sentence the person to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit the person to the custody of an officer of the Court.
- In the event of persisting in the refusal, the person may be dealt with according to the provisions of Section 345 CrPC or Section 346 CrPC.
Under BNSS 388
- A witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put or to produce any document or thing in possession or power which the Court requires to be produced.
- The person does not, after a reasonable opportunity has been given, offer any reasonable excuse for such refusal.
- The Court may, for reasons to be recorded in writing, sentence the person to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit the person to the custody of an officer of the Court.
- In the event of persisting in the refusal, the person may be dealt with according to the provisions of Section 384 BNSS or Section 385 BNSS.
Time Limits: CrPC 349 to BNSS 388
Under CrPC 349
- Under Section 349 of the Code of Criminal Procedure, 1973, the Court may sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing.Act text: “for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing”
Under BNSS 388
- Under Section 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing.Act text: “for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing”
What CrPC 349 to BNSS 388 Means in Practice
A reader of Section 388 BNSS looks to Section 384 BNSS or Section 385 BNSS for a person persisting in the refusal where a reader of Section 349 CrPC looked to Section 345 CrPC or Section 346 CrPC.
FAQs: CrPC 349 to BNSS 388
Did Section 388 BNSS change the term of seven days or the conditions in Section 349 CrPC?▼
Section 388 BNSS has the same words on the term and the conditions as Section 349 CrPC.
Why do the section numbers at the end of Section 388 BNSS differ from those in Section 349 CrPC?▼
Section 388 BNSS refers to Section 384 BNSS or Section 385 BNSS where Section 349 CrPC referred to Section 345 CrPC or Section 346 CrPC.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·