Bharat Samvidhan
BNSS Section 388

Section 388 BNSS: according to the provisions of section 384 or section 385

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

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

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 388 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 388 cover?

A: Section 388 of the BNSS 2023 deals with: "according to the provisions of section 384 or section 385". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 388 replace?

A: BNSS Section 388 ("according to the provisions of section 384 or section 385") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 388 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 388 ("according to the provisions of section 384 or section 385") follows this national applicability.

Q: When did BNSS Section 388 come into effect?

A: The BNSS 2023 — including Section 388 ("according to the provisions of section 384 or section 385") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.