CrPC Section 350 — Summary procedure for punishment for non-attendance by a witness in obedience to summons

Summary

Sub-section (1) applies when a witness summoned to appear before a Criminal Court is legally required to attend at a stated place and time, but without a just excuse fails or refuses to attend, or leaves before it is lawful to do so. If the Court is satisfied that it is in the interests of justice to try the witness summarily, it may take up the offence and, after giving the witness an opportunity to explain why they should not be punished under this section, impose a fine of up to one hundred rupees.

Sub-section (2) requires the Court, in each such case, to follow the procedure for summary trials as nearly as practicable.

Official Text

(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.

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

Related Judgments

• Maurya Enclave titled State vs . Rajesh @ Prem — Delhi High Court (2011)
• Prakash Raghunath Shenai; .... vs State of Maharashtra & Ors., ...., Mr. P.S. Hingorani, APP for State — Bombay High Court (Mumbai Principal Seat) (2011)
• P.M.Sivasubramanian vs R.Malarvizhi — Madras High Court (Madurai Bench) (2023)

Old <-> New Code Mapping

• BNSS §389 — Summary procedure for punishment for non-attendance by a witness in obedience to summons