Section 349 CrPC: Imprisonment or committal of person refusing to answer or produce document
Code of Criminal Procedure, 1973
Section 349 CrPC at a Glance
Section 349 CrPC deals with imprisonment or committal of person refusing to answer or produce document. From 1 July 2024 it is replaced by Section 388 BNSS.
What Section 349 CrPC Says
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.
Source: Section 349, Code of Criminal Procedure, 1973
Section 349 CrPC in Simple Words
Section 349 of the Code of Criminal Procedure, 1973 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 345 CrPC or Section 346 CrPC.
When Section 349 CrPC 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 345 CrPC or Section 346 CrPC.
Time Limits Under Section 349 CrPC
- 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”
Example of Section 349 CrPC
When Section 349 CrPC Does Not Apply
- Section 349 CrPC 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 350 CrPC is titled Summary procedure for punishment for non-attendance by a witness in obedience to summons.
Section 349 CrPC Under BNSS 388: What Changed
Section 349 CrPC is now covered under Section 388 BNSS.
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 detailed comparison (CrPC 349 vs BNSS 388) →FAQs on Section 349 CrPC
What must have happened before the Court acts under Section 349 CrPC?▼
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 349 CrPC?▼
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 349 CrPC if the person persists in the refusal?▼
The person may be dealt with according to the provisions of Section 345 CrPC or Section 346 CrPC.
Where is Section 349 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼
Section 349 CrPC has no sub-sections, and maps as a whole to Section 388 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·