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

Code of Criminal Procedure, 1973

Section 350 CrPC at a Glance

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

Now BNSS

Section 389 →

What Section 350 CrPC Says

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.

Source: Section 350, Code of Criminal Procedure, 1973

Section 350 CrPC in Simple Words

Section 350 of the Code of Criminal Procedure, 1973 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 interest of justice that the witness should be tried summarily, Section 350(1) CrPC 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 one hundred rupees.

When Section 350 CrPC Applies

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.
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.
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.
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.
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.

Example of Section 350 CrPC

Ramesh is summoned as a witness 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, Ramesh neglects to attend at that place. The Court before which Ramesh is to appear is satisfied that it is expedient in the interest of justice that Ramesh should be tried summarily. Under Section 350(1) of the Code of Criminal Procedure, 1973, the Court may take cognizance of the offence and, after giving Ramesh an opportunity of showing cause why Ramesh should not be punished under Section 350 CrPC, sentence Ramesh to a fine not exceeding one hundred rupees. Under Section 350(2) CrPC, the Court follows, as nearly as may be practicable, the procedure prescribed for summary trials.

When Section 350 CrPC Does Not Apply

Section 350(1) CrPC 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 349 CrPC, headed Imprisonment or committal of person refusing to answer or produce document.
Section 350(1) CrPC 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 344 CrPC, headed Summary procedure for trial for giving false evidence.

Section 350 CrPC Under BNSS 389: What Changed

Section 350 CrPC is now covered under Section 389 BNSS.

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.

View detailed comparison (CrPC 350 vs BNSS 389) →

FAQs on Section 350 CrPC

When can a Criminal Court punish a witness under Section 350 CrPC?▼

Under Section 350(1) of the Code of Criminal Procedure, 1973, 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 interest of justice that the witness should be tried summarily.

Must the offender be given a chance to show cause under Section 350 CrPC?▼

Yes. Section 350(1) CrPC 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 350 CrPC, to sentence the offender to a fine not exceeding one hundred rupees.

What is the highest fine and what procedure applies under Section 350 CrPC?▼

Section 350(1) CrPC provides for a fine not exceeding one hundred rupees. Under Section 350(2) CrPC, in every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

Where is Section 350 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 350(1) CrPC is found in Section 389(1) BNSS and Section 350(2) CrPC is found in Section 389(2) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·