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        Bharatiya Nyaya

        Section 389 - Summary procedure for punishment for nonattendance by a witness in obedience to summons

        Bharatiya Nagarik Suraksha Sanhita, 2023
        Chapter XXVIII
        PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

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        Witness nonattendance: court may summarily punish after opportunity to show cause; summary trial procedure applies. If a legally summoned witness neglects or refuses to attend, or departs before lawful time without just excuse, the Court may take cognizance and, if it deems it expedient in the interests of justice, try the witness summarily after giving an opportunity to show cause, and may sentence the witness to a fine not exceeding five hundred rupees; the Court shall follow, as nearly as practicable, the procedure prescribed for summary trials.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Witness nonattendance: court may summarily punish after opportunity to show cause; summary trial procedure applies.

                                If a legally summoned witness neglects or refuses to attend, or departs before lawful time without just excuse, the Court may take cognizance and, if it deems it expedient in the interests of justice, try the witness summarily after giving an opportunity to show cause, and may sentence the witness to a fine not exceeding five hundred rupees; the Court shall follow, as nearly as practicable, the procedure prescribed for summary trials.





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