CrPC Section 349 — Imprisonment or committal of person refusing to answer or produce document

Summary

If a witness or a person called to produce a document or thing before a Criminal Court refuses to answer questions or produce a document or thing in their possession or power that the Court requires, they must be given a reasonable opportunity to offer a reasonable excuse. If they do not do so, the Court may, for reasons recorded in writing, sentence them to simple imprisonment or commit them to the custody of a Court officer by a warrant signed by the Presiding Magistrate or Judge. The term cannot exceed seven days, and is limited if the person consents in the meantime to be examined and answer, or to produce the document or thing. If the person persists in refusing, they may be dealt with under section 345 or section 346.

Official 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, 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.

Sections referred to

• CrPC §345 — Procedure in certain cases of contempt
• CrPC §346 — Procedure where Court considers that case should not be dealt with under section 345

Referred to by

• CrPC §351 — Appeals from convictions under sections 344, 345, 349 and 350
• CrPC §352 — Certain Judges and Magistrates not to try certain offences when committed before themselves

Old <-> New Code Mapping

• BNSS §388 — Imprisonment or committal of person refusing to answer or produce document