Imprisonment or committal of person refusing to answer or produce document
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Summary
If a witness or person, after a reasonable opportunity, refuses to answer questions or to produce a document or thing in their possession and offers no reasonable excuse, the Criminal Court may record reasons and either sentence them to simple imprisonment or, by warrant of the Presiding Magistrate or Judge, commit them to the custody of a court officer for up to seven days. The detention ends if they then agree to answer or to produce the item. Continued refusal may attract further punishment under other legal provisions.
Example
Priya is called as a witness in a criminal trial and asked to produce CCTV footage from her shop. After a reasonable opportunity she refuses and offers no reasonable excuse. The court may record reasons and either sentence her to simple imprisonment or commit her to the custody of a court officer for up to seven days unless she then agrees; continued refusal may lead to further punishment.
Bare Act
Enacted textIf 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 according to the provisions of section 384 or section 385.
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