Section 388 BNSS: Imprisonment or committal of person refusing to answer or produce document (Formerly Section 349 CrPC)

Section 388 of Bharatiya Nagarik Suraksha Sanhita, 2023: Imprisonment or committal of person refusing to answer or produce document

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 388

Section 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 349 of the CrPC, 1973) prescribes the procedure and imprisonment powers when a witness refuses to answer questions or produce documents in a criminal court.

Grounds for Imprisonment: If any witness refuses to answer questions demanded of them without offering reasonable excuse, or refuses to produce any document or thing in their power.
Summary Committal to Custody: The Court may, for reasons to be recorded in writing, sentence them to simple imprisonment or commit them to the custody of an officer of the Court for a term up to seven days.
Discharge upon Compliance: If the witness persists in refusal after seven days, the Court may deal with them under Section 384 or Section 385; if they comply, they shall be discharged.

Key Landmark Precedents:

CBI v. V.C. Shukla, (1998) 3 SCC 410: The Supreme Court noted that witnesses are legally bound to answer lawful questions; recalcitrant refusal without constitutional privilege undermines the judicial search for truth.
State of Gujarat v. Anirudhsingh, (1997) 6 SCC 498: Held that witnesses cannot refuse to depose or produce documents unless protected by statutory privilege under the Evidence Act / BSA.

Courtroom Practice & Strategic Litigation Guidance:

If a witness refuses to answer relying on constitutional self-incrimination (Art. 20(3)) or professional privilege (Sec 132/134 BSA), articulate the specific statutory privilege in writing to counter Section 388 committal.