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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 389 BNSS at a Glance

Section 389 BNSS deals with summary procedure for punishment for non-attendance by a witness in obedience to summons. It replaced Section 350 CrPC on 1 July 2024.

Was CrPC

Section 350 →

Section 389 BNSS Bare Act Text

(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.

Source: Section 389, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 389 BNSS in Simple Words

Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a witness summoned to appear before a Criminal Court who is legally bound to appear at a certain place and time in obedience to the summons and who, without just excuse, neglects or refuses to attend, or departs from the place before the time at which it is lawful to depart.

Where the Court is satisfied that it is expedient in the interests of justice that the witness should be tried summarily, Section 389(1) BNSS allows it to take cognizance of the offence and, after giving the offender an opportunity of showing cause, to sentence the offender to a fine not exceeding five hundred rupees.

When Section 389 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 389 BNSS

Meera is summoned to appear before a Criminal Court and is legally bound to attend at a certain place and time in obedience to the summons. Without just excuse, Meera departs from the place before the time at which it is lawful for Meera to depart. The Court before which Meera is to appear is satisfied that it is expedient in the interests of justice that Meera should be tried summarily. Under Section 389(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may take cognizance of the offence and, after giving Meera an opportunity of showing cause why Meera should not be punished under Section 389 BNSS, sentence Meera to a fine not exceeding five hundred rupees. Under Section 389(2) BNSS, the Court follows, as nearly as may be practicable, the procedure prescribed for summary trials.

When Section 389 BNSS Does Not Apply

  • Section 389(1) BNSS speaks of a witness who neglects or refuses to attend, or departs before it is lawful to depart. It does not deal with a person who refuses to answer or produce a document, which is the subject of Section 388 BNSS, headed Imprisonment or committal of person refusing to answer or produce document.
  • Section 389(1) BNSS speaks of a witness who is absent or departs early. It does not deal with a person who gives false evidence, which is the subject of Section 383 BNSS, headed Summary procedure for trial for giving false evidence.

Section 389 BNSS in the CrPC (Previous Law)

Section 389 BNSS replaced Section 350 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 389 BNSS

When can a Criminal Court punish a witness summarily under Section 389 BNSS?▼

Under Section 389(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court may act when a witness 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, or departs from the place before it is lawful to depart. The Court before which the witness is to appear must also be satisfied that it is expedient in the interests of justice that the witness should be tried summarily.

Must the offender be given a chance to show cause under Section 389 BNSS?▼

Yes. Section 389(1) BNSS allows the Court to take cognizance of the offence and, after giving the offender an opportunity of showing cause why the offender should not be punished under Section 389 BNSS, to sentence the offender to a fine not exceeding five hundred rupees.

What is the highest fine and what procedure applies under Section 389 BNSS?▼

Section 389(1) BNSS provides for a fine not exceeding five hundred rupees. Under Section 389(2) BNSS, in every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

What changed from Section 350 CrPC to Section 389 BNSS from 1 July 2024?▼

From 1 July 2024, Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 350 of the Code of Criminal Procedure, 1973. Section 389 BNSS has the same heading as Section 350 CrPC. 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.

Section 389 BNSS: Sub-sections Explained

Section 389(1) BNSS: Summary procedure for punishment for non-attendance by a witness in obedience to summons

▶

Bare Act Text

(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.

Previous Law

CrPC 350 → Section 389(1) BNSS

Section 389(2) BNSS: Summary procedure for punishment for non-attendance by a witness in obedience to summons

▶

Bare Act Text

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

Previous Law

CrPC 350(2) → Section 389(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·