Imprisonment or committal of person refusing to answer or produce document
Section 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 give The Act came into force on 01 Jul 2024.
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.
Section 388, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 349 Imprisonment or committal of person refusing to answer or producedocument Text carried over almost unchanged 89%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arun Paswan vs State of Bihar
Decided under Code of Criminal Procedure 349, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An appeal against an order directing the registration of contempt proceedings is premature and not maintainable when filed before the contempt proceedings are concluded. The appellate court cannot adjudicate on the merits of such an order at an intermediate stage; the proper course is to await the final outcome of the contempt proceedings and then appeal if aggrieved.
On this section: Authority under which the Sessions Judge issued show cause notice for non-production of case diary and directed contempt proceedings; the court examined whether its application was proper and whether it constituted double jeopardy
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 388
What have the courts held on Section 388 of the Bharatiya Nagarik Suraksha Sanhita?
Arun Paswan vs State of Bihar (01 May 2018) is the leading judgment on this section among those set out below, though it was decided under CRPC 349, which this section replaced -- the court never mentioned this Act: Authority under which the Sessions Judge issued show cause notice for non-production of case diary and directed contempt proceedings; the court examined whether its application was proper and whether it constituted double jeopardy.
How do I find court cases under Section 388 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 388, section 388 BNSS, section 388 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type dhara 388 bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Arun Paswan vs State of Bihar (01 May 2018).
What should I read with Section 388 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 384 (Procedure in certain cases of contempt), section 385 (Procedure where Court considers that case should not be dealt with under section 384), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 349 (Imprisonment or committal of person refusing to answer or producedocument), so the judgments decided under that provision are the case law on this one.
When did Section 388 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 388 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 388, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.