Imprisonment or committal of person refusing to answer or producedocument
Section 349 of the Code of Criminal Procedure, 1973 deals with imprisonment or committal of person refusing to answer or producedocument. 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
1. Omitted by Act 56 of 1974 s. 3 and Sch. II (w.e.f. 10-1-1975).
Section 349, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 388 Imprisonment or committal of person refusing to answer or produce document 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… 16-09-2013 Learned counsel for the appellant seeks permission to withdraw this appeal, preferred against the order dated 03.09.2013 passed in Sessions Trial No. 272 of 2012, arising out of Simri P.S. Case No. 73 of 2012, by the learned 1st Additional Sessions Judge, Darbhanga, holding the > appellant guilty under Section 349 of the Code of Criminal Procedure and sentence simple imprisonment for one week. > > Permission is accorded. Accordingly, the appeal stands disposed of as withdrawn. (Akhilesh Chandra, J) Praveen-II/- …
Questions about Section 349
What have the courts held on Section 349 of the Code of Criminal Procedure?
Arun Paswan vs State of Bihar (01 May 2018) is the leading judgment on this section among those set out below: 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 349 of the Code of Criminal Procedure?
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: CRPC 349, section 349 CRPC, section 349 of the Code of Criminal Procedure. 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 349 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 345 (Procedure in certain cases of contempt), section 346 (Procedure where Court considers, that case should not be dealt withunder section 345), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 388 (Imprisonment or committal of person refusing to answer or produce document), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 349 of the Code of Criminal Procedure come into force?
Section 349 of the Code of Criminal Procedure, cited as CRPC 349, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.