22 days left — Registration closes 2026-10-31.

CrPC · Chapter XXVI · Provisions as to offences affecting the administration of justice

CrPC section 350 in the BNSS

CrPC 350BNSS 389

CrPC section 350, “Summary procedure for punishment for non-attendance by a witness in obedience to summons”, is now BNSS section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 350 to BNSS 389

Now BNSS section 389. The maximum fine for a witness’s non-attendance rises from ₹100 to ₹500.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 350 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 interest 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 389 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 five hundred rupees.

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

Prepare with CLATcoach, free

A free account gives you a full mock, a past paper for every exam, the daily questions, twelve Legal GK headings and a report on where you stand.

Create a free account