Imprisonment or committal of person refusing to answer or produce document
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Summary
When a witness or person summoned to produce a document or thing refuses to answer questions or to produce it after a reasonable opportunity and without a reasonable excuse, the court may record reasons in writing and sentence them to simple imprisonment or, by warrant of the Presiding Magistrate or Judge, commit them to custody for up to seven days. If they then agree to answer or produce the item the detention stops; persistent refusal may lead to further coercive measures.
Example
Priya is summoned as a witness in a criminal trial and asked to produce a phone bill related to the case, but after being given a chance she refuses and offers no reasonable excuse. The court may record reasons and either sentence her to simple imprisonment or, by warrant of the Presiding Magistrate or Judge, commit her to an officer's custody for up to seven days. If she then hands over the bill the detention ends; if she still refuses, the court may take further coercive action.
Bare Act
Enacted textIf any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question 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 345 of section 346.
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