CrPC 350→BNSS 389

CrPC 350 to BNSS 389: Summary procedure for punishment for non-attendance by a witness in obedience to summons

Section 350 CrPC (1973) replaced by Section 389 BNSS (2023)

View CrPC Section 350 →View BNSS Section 389 →

CrPC 350 to BNSS 389 at a Glance

Section 350 CrPC (Summary procedure for punishment for non-attendance by a witness in obedience to summons) is now Section 389 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 350 to BNSS 389?

From 1 July 2024, Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 350 of the Code of Criminal Procedure, 1973. The heading is the same. Section 389(1) BNSS reads a fine not exceeding five hundred rupees where Section 350(1) CrPC read a fine not exceeding one hundred rupees. Section 389(2) BNSS has the same text as Section 350(2) CrPC.

CrPC 350 vs BNSS 389: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section350389
HeadingSummary procedure for punishment for non-attendance by a witness in obedience to summonsSame
Sub-sections2 sub-sectionsSame

CrPC 350 and BNSS 389: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 350, CrPC 1973

350. Summary procedure for punishment for non-attendance by a witness in obedience to summons.—(1) If any witness being 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 where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
BNSS 2023 (in force)

Section 389, BNSS 2023

389. Summary procedure for punishment for non-attendance by a witness in obedience to summons.—(1) If any witness being 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 where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

When It Applies: CrPC 350 vs BNSS 389

Under CrPC 350
  1. A witness summoned to appear before a Criminal Court falls within Section 350(1) CrPC when the witness is legally bound to appear at a certain place and time in obedience to the summons.
  2. Section 350(1) CrPC applies when the witness, without just excuse, neglects or refuses to attend at that place or time, or departs from the place where the witness has to attend before the time at which it is lawful to depart.
  3. The Court before which the witness is to appear proceeds under Section 350(1) CrPC only when it is satisfied that it is expedient in the interest of justice that the witness should be tried summarily.
  4. The Court may take cognizance of the offence under Section 350(1) CrPC and, after giving the offender an opportunity of showing cause why the offender should not be punished under that section, sentence the offender to a fine not exceeding one hundred rupees.
  5. In every such case, Section 350(2) CrPC requires the Court to follow, as nearly as may be practicable, the procedure prescribed for summary trials.
Under BNSS 389
  1. A witness summoned to appear before a Criminal Court falls within Section 389(1) BNSS when the witness is legally bound to appear at a certain place and time in obedience to the summons.
  2. Section 389(1) BNSS applies when the witness, without just excuse, neglects or refuses to attend at that place or time, or departs from the place where the witness has to attend before the time at which it is lawful to depart.
  3. The Court before which the witness is to appear proceeds under Section 389(1) BNSS only when it is satisfied that it is expedient in the interests of justice that the witness should be tried summarily.
  4. The Court may take cognizance of the offence under Section 389(1) BNSS and, after giving the offender an opportunity of showing cause why the offender should not be punished under that section, sentence the offender to a fine not exceeding five hundred rupees.
  5. In every such case, Section 389(2) BNSS requires the Court to follow, as nearly as may be practicable, the procedure prescribed for summary trials.

What CrPC 350 to BNSS 389 Means in Practice

A witness summoned to appear before a Criminal Court who, without just excuse, neglects or refuses to attend, or departs before it is lawful to depart, can be sentenced under Section 389(1) BNSS to a fine not exceeding five hundred rupees. Section 350(1) CrPC provided for a fine not exceeding one hundred rupees.

FAQs: CrPC 350 to BNSS 389

How did the fine change between Section 350 CrPC and Section 389 BNSS?▼

Section 350(1) of the Code of Criminal Procedure, 1973 provided for a fine not exceeding one hundred rupees. Section 389(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced it from 1 July 2024, reads a fine not exceeding five hundred rupees.

Are the conditions for acting against the witness different in Section 389(1) BNSS from Section 350(1) CrPC?▼

No. Section 389(1) BNSS and Section 350(1) CrPC both apply to a witness who is legally bound to appear in obedience to a summons and who, without just excuse, neglects or refuses to attend or departs before it is lawful to depart. Both require the Court to give the offender an opportunity of showing cause.

Is there any difference between Section 350(2) CrPC and Section 389(2) BNSS?▼

No. Section 389(2) BNSS has the same text as Section 350(2) CrPC. In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

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 ·