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 time.

Example 3:

Scenario: Anil, a farmer from a village in Uttar Pradesh, is summoned to appear as a witness in a land dispute case. Anil receives the summons but mistakenly believes that his presence is not mandatory and continues with his daily farming activities.

Application of Section 389:

• The court notes Anil's absence and deems his testimony important for the resolution of the case.
• The court decides to proceed with summary action against Anil for his non-attendance.
• Anil is given a chance to explain his absence. He explains that he misunderstood the importance of the summons.
• Considering Anil's explanation and the fact that it was a genuine mistake, the court may decide to impose a lesser fine or even waive the fine, depending on the circumstances.

Example 4:

Scenario: Sunita, a teacher in Mumbai, is summoned to appear in a criminal court as a witness in an assault case. She attends the court but leaves during the lunch break without informing the court officials, thinking her presence is no longer required.

Application of Section 389:

• The court finds out that Sunita left the premises without permission and her testimony is still needed.
• The court decides to take summary action against Sunita for her premature departure.
• Sunita is given an opportunity to explain her actions. She admits she left because she thought her presence was no longer necessary.
• The court, considering her explanation, may impose a fine of up to ₹500 for her departure before the lawful time.

Example 5:

Scenario: Rajesh, a businessman in Chennai, is summoned to testify in a bribery case. He attends the court but refuses to testify without providing any valid reason.

Application of Section 389:

• The court observes Rajesh's refusal to testify and determines that his testimony is essential for the case.
• The court decides to take summary action against Rajesh for his refusal to testify.
• Rajesh is given a chance to explain his refusal. He fails to provide a justifiable reason.
• The court imposes a fine of ₹500 on Rajesh for neglecting his duty as a witness.