Section 389 of BNSS : Section 389: Summary procedure for punishment for non-attendance by a witness in obedience to summons.

Explanation using Example

Example 1:

Scenario: Ramesh, a shopkeeper in Delhi, receives a summons to appear as a witness in a theft case at the local criminal court on the 15th of June at 10:00 AM. Ramesh acknowledges the summons but decides not to attend the court without providing any valid reason.

Application of Section 389:

• The court notices Ramesh's absence and determines that his testimony is crucial for the case.
• The court decides to take summary action against Ramesh for his non-attendance.
• Ramesh is given an opportunity to explain his absence. Since he fails to provide a justifiable excuse, the court imposes a fine of ₹500 on him for neglecting the summons.

Example 2:

Scenario: Priya, a software engineer in Bangalore, is summoned to testify in a fraud case. She appears in court at the designated time but leaves the court premises before her testimony is recorded, without informing the court or obtaining permission.

Application of Section 389:

• The court realizes that Priya has left before her testimony could be recorded and finds her departure unjustified.
• The court decides it is in the interest of justice to take summary action against Priya.
• Priya is called back to court and given a chance to explain her premature departure. She fails to provide a valid reason.
• Consequently, the court fines Priya ₹500 for leaving the court without permission before her lawful departure ti...

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