Section 349 CrPC and Section 388 BNSS: Refusal to Answer or Produce Documents
Section 349 of the Code of Criminal Procedure, 1973 provided a procedure when a witness or person required by a criminal court to answer a question or produce a document refused without reasonable excuse. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 388.
What does Section 349 CrPC mean?
Section 349 dealt with a person who, after being given a reasonable opportunity, refused without a reasonable excuse to answer a question put by a criminal court or to produce a document or thing in that person's possession or power that the court required. The court had to record reasons in writing before using the coercive power described in the section.
Section 349 CrPC - statutory provision
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.
Historical text of Section 349, Code of Criminal Procedure, 1973. The former provision is reproduced for reference; see the current corresponding BNSS provision below.
Section 388 BNSS - corresponding current law
Section 388 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Imprisonment or committal of person refusing to answer or produce document". Its operative procedure substantially continues the earlier rule, with updated cross-references to Sections 384 and 385 BNSS.
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.
Read the official BNSS, 2023 text on India Code (PDF) and the India Code Section 388 entry.
Conditions before the court may act
- The person must be a witness or someone called upon to produce a document or thing before a criminal court.
- The question or production requirement must be one that the court lawfully requires.
- The person must have refused to answer or produce the item.
- The person must have been given a reasonable opportunity to comply or explain the refusal.
- No reasonable excuse must have been offered, and the court must record its reasons in writing.
Court's powers and seven-day limit
The court may impose simple imprisonment or, through a warrant signed by the presiding Magistrate or Judge, commit the person to the custody of an officer of the court for a period not exceeding seven days. The statutory mechanism permits the person to comply in the meantime by answering the question or producing the document or thing.
If refusal continues, the person may be dealt with under Section 384 or Section 385 BNSS, corresponding to Sections 345 and 346 CrPC. The seven-day limit belongs to the measure provided by Section 388; it should not be confused with consequences under a separate proceeding.
Reasonable excuse and legal safeguards
Refusal does not automatically justify detention. A court must consider the person's explanation and the legal basis for requiring an answer or production. Applicable privileges, protections against compelled self-incrimination and other evidentiary rules may be relevant in a particular case. Whether a refusal is justified depends on the circumstances and applicable law.
Related provisions
- Section 345 CrPC corresponds to Section 384 BNSS: procedure in certain cases of contempt.
- Section 346 CrPC corresponds to Section 385 BNSS: procedure where the court considers summary disposal inappropriate.
- Section 350 CrPC corresponds to Section 389 BNSS: non-attendance of a summoned witness, a distinct situation.
- Section 390 BNSS addresses appeals from convictions under specified provisions including Section 388.
Frequently asked questions
What is the BNSS equivalent of Section 349 CrPC?
Section 388 BNSS is the corresponding provision.
Can a court order imprisonment immediately for refusing to answer?
The court must first provide a reasonable opportunity, consider any reasonable excuse and record reasons in writing before exercising the power under this section.
What is the maximum period mentioned in Section 388 BNSS?
The section specifies a period not exceeding seven days for the imprisonment or committal described there, subject to earlier compliance.
Does Section 349 CrPC still apply to older proceedings?
The BNSS replaced the CrPC from 1 July 2024, but Section 531 BNSS contains savings for certain pending proceedings. The applicable provision should be checked against the procedural history of the matter.
Official legal sources
India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) and Ministry of Home Affairs - New Criminal Laws.
This article provides general legal information, not advice on a particular case. Last reviewed: 18 October 2026.