BNSS §388
Imprisonment or committal of person refusing to answer or produce document.
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Comparison
349. 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 1. The word “Indian” omitted by Act 56 of 1974, s. 3 and the Second Schedule (w.e.f. 20-12-1974). 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.
388. 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.
What changedAI-inferred
Imprisonment or committal of person refusing to answer or produce document.
Old position
CrPC 349 is concerned with Imprisonment or committal of person refusing to answer or produce document. Imprisonment or committal of person refusing to answer or produce document
New position
BNSS 388 preserves the framework with drafting modernisations as required by the new code. Topic: 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
BNSS 388 (Imprisonment or committal of person refusing to answer or produce document.) preserves the framework of CrPC 349. BNSS 388 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 388 text: If...
Editorial deltaAI-indicated (source-linked)
BNSS 388 (Imprisonment or committal of person refusing to answer or produce document.) preserves the framework of CrPC 349. BNSS 388 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 388 text: 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,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 349 continues to apply. For matters from that date forward, BNSS 388 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 388 (Imprisonment or committal of person refusing to answer or produce document.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §349 → BNSS §388 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/388.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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