Form No. 40 of BNSS : Form No. 40: MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT

Explanation using Example

Example 1:

Scenario: A key witness in a high-profile corruption case

Details: Ravi Kumar, a government official, is summoned to testify in a high-profile corruption case involving a senior politician. During the court proceedings, Ravi is asked to provide details about certain transactions and produce specific documents that could serve as evidence. However, Ravi refuses to answer the questions and does not produce the requested documents, claiming he fears for his safety.

Application of the Act: The judge issues a warrant under Form No. 40 of The Bharatiya Nagarik Suraksha Sanhita 2023, ordering Ravi's detention for 7 days. The warrant is addressed to the court officer, authorizing them to take Ravi into custody. The warrant specifies that Ravi will be detained unless he agrees to answer the questions and produce the documents. If Ravi consents during the detention period, he will be brought back to court immediately to provide the required testimony and documents.

Example 2:

Scenario: A witness in a fraud investigation

Details: Priya Sharma, an accountant at a large corporation, is called to testify in a fraud investigation involving her employer. She is asked to produce financial records that are crucial to the case. Priya refuses to produce the documents, citing confidentiality agreements with her employer.

Application of the Act: The magistrate is...

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