Bharatiya Nagarik Suraksha Sanhita, 2023
Section 389
Summary procedure for punishment for non-attendance by a witness in obedience to
(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 interests 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 five hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
Why this exists
Trials cannot proceed smoothly if summoned witnesses treat court dates casually, showing up late, leaving early, or not appearing at all. This section gives courts a quick, proportionate way to penalise such non-attendance directly, discouraging witnesses from disregarding a lawful summons without derailing the main case with a lengthy separate prosecution.