Summary procedure for punishment for non-attendance by a witness inobedience to summons
Section 350 of the Code of Criminal Procedure, 1973 deals with summary procedure for punishment for non-attendance by a witness inobedience to summons. 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 tha 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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 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 one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
Section 350, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 389 Summary procedure for punishment for non-attendance by a witness in obedience 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 The repealed enactment still governs what happened while it was in force.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.
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Shiv Saran Singh vs State
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.
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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… Sub-section 3(a) has made the provisions of Sections 350 and 549 applicable to proceedings before a Special Judge and for the purposes of the said provisions a Special Judge shall be deemed to be a Magistrate. Section 350 of the Code of Criminal Procedure enables a succeeding Special Judge to act on the evidence recorded by his predecessor or partly recorded by his predecessor and partly recorded by himself. Section 549 empowers a Magistrate when any person is brought before him charged with an offence for which he is liable to be …
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… The Allahabad High Court held that if any of the members of the bench who has assisted in making the judgment was absent at any hearing of the case, the judgment would be invalid and the invalidity of the judgment will not be curable by Section 350 of the Code of Criminal Procedure. The need to remain present during the hearing was emphatically stated by the Supreme court in the case of G. Nageshwara Rao v $27$ <span id="page-26-0"></span><sup>1(1933)</sup> LVI ILR 599 <span id="page-26-1"></span><sup>2 (1964)</sup> All LJ 609 APSRTC [3]( …
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… The same was sent by a fax message and the original was sent on February 04, 2016. The impugned order was passed in presence of the learned Additional Public Prosecutor and other advocates of the Deesa Bar. The fine was imposed under section 350 of the Code of Criminal Procedure for noncompliance of two consecutive orders of the learned Presiding Officer. 4. This Court has at length heard Shri P.K. Jani, learned Additional Advocate General, who has fervently made his submissions stating that it is unheard of that a learned Presiding Officer would address …
Questions about Section 350
What have the courts held on Section 350 of the Code of Criminal Procedure?
Shiv Saran Singh vs State (09 Oct 2025) is the leading judgment on this section among those set out below: 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 350 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 350, section 350 CRPC, section 350 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 Shiv Saran Singh vs State (09 Oct 2025).
What should I read with Section 350 of the Code of Criminal Procedure, and has it changed?
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 389 (Summary procedure for punishment for non-attendance by a witness in obedience to summons), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 350 of the Code of Criminal Procedure come into force?
Section 350 of the Code of Criminal Procedure, cited as CRPC 350, 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.