Section 388 BNSS: Imprisonment or committal of person refusing to answer or produce document
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 388 BNSS at a Glance
Section 388 BNSS deals with imprisonment or committal of person refusing to answer or produce document. It replaced Section 349 CrPC on 1 July 2024.
Section 388 BNSS Bare Act Text
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.
Source: Section 388, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 388 BNSS in Simple Words
Section 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about a witness or person called to produce a document or thing before a Criminal Court who 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, and does not, after a reasonable opportunity has been given, offer any reasonable excuse for such refusal.
Such 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 for any term not exceeding seven days, unless in the meantime the person consents to be examined and to answer, or to produce the document or thing.
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.
When Section 388 BNSS Applies
- 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 Under Section 388 BNSS
- 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”
Example of Section 388 BNSS
When Section 388 BNSS Does Not Apply
- Section 388 BNSS speaks of a refusal before a Criminal Court to answer or to produce a document or thing. It does not deal with the non-attendance of a witness in obedience to a summons. Section 389 BNSS is titled Summary procedure for punishment for non-attendance by a witness in obedience to summons.
Section 388 BNSS in the CrPC (Previous Law)
Section 388 BNSS replaces Section 349 CrPC from the old criminal code.
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.
View CrPC Section 349 →FAQs on Section 388 BNSS
What must have happened before the Court acts under Section 388 BNSS?▼
The witness or person called to produce a document or thing must have refused to answer such questions as are put or to produce any document or thing which the Court requires to be produced, and must not, after a reasonable opportunity has been given, have offered any reasonable excuse for the refusal.
What may the Court do under Section 388 BNSS?▼
The 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.
What happens under Section 388 BNSS if the person persists in the refusal?▼
The person may be dealt with according to the provisions of Section 384 BNSS or Section 385 BNSS.
What changed from Section 349 CrPC to Section 388 BNSS from 1 July 2024?▼
Section 388 BNSS has the same heading and the same text as Section 349 CrPC, 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.
Have questions about Section 388 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·