Summary procedure for punishment for non-attendance by a witness in obedience to summons
Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with summary procedure for punishment for non-attendance by a witness in obedience to summons. 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 The Act came into force on 01 Jul 2024.
(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.
Section 389, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 350 Summary procedure for punishment for non-attendance by a witness inobedience to summons Text carried over almost unchanged 91%
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 The repealed enactment still governs what happened while it was in force.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.
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.
-
Shiv Saran Singh vs State
Decided under Code of Criminal Procedure 350, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A witness cannot be convicted under Section 350 Cr.P.C. for non-appearance before court without establishing that he failed to appear without just excuse, and the court must follow the summary trial procedure prescribed under Section 350 Cr.P.C., including providing proper notice and opportunity to show cause before passing a conviction order.
On this section: Provision for punishment of mischief by witness or other person bound by recognizance; the court must follow summary trial procedure and provide just cause requirement
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 389
What have the courts held on Section 389 of the Bharatiya Nagarik Suraksha Sanhita?
Shiv Saran Singh vs State (09 Oct 2025) is the leading judgment on this section among those set out below, though it was decided under CRPC 350, which this section replaced -- the court never mentioned this Act: Provision for punishment of mischief by witness or other person bound by recognizance; the court must follow summary trial procedure and provide just cause requirement.
How do I find court cases under Section 389 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 389, section 389 BNSS, section 389 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 389 1 and bnss 389 3. 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 Shiv Saran Singh vs State (09 Oct 2025).
What should I read with Section 389 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 350 (Summary procedure for punishment for non-attendance by a witness inobedience to summons), so the judgments decided under that provision are the case law on this one.
When did Section 389 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 389 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 389, 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.