Section 155 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 155 — Failure to Comply with Summons or Directions in Investigation
1. Purpose of Section 155
Section 155 of the BSA, 2023 is designed to ensure compliance with lawful directions issued during an investigation or judicial proceeding.
The law empowers investigating officers, courts, or authorized officials to summon witnesses, require the production of evidence, or direct individuals to cooperate.
Its objective is to prevent obstruction of justice, ensuring that investigations and proceedings are carried out efficiently and fairly.
2. Legal Meaning
Under Section 155:
A person is liable if they knowingly fail to comply with:
A summons issued by a court or an authorized officer, or
A lawful direction to provide evidence or attend investigation
Key points:
The failure must be willful — accidental or unavoidable absence is not punishable.
The summons or direction must be lawful, issued under the powers granted by the BSA or related procedural provisions.
The provision applies to witnesses, parties, or custodians of evidence.
3. Elements of the Offence
To establish liability under Section 155, the following must be present:
Existence of a Lawful Summons or Direction
Issued by a court, tribunal, or authorized officer under the BSA, 2023.
Can require appearance, production of documents, or provision of information.
Knowledge of the Summons or Direction
The person must know about the order or have reasonable opportunity to know.
Willful Non-Compliance
Refusal to attend, provide evidence, or obey instructions without valid reason.
4. Punishment Under Section 155
Fine: A monetary penalty, the amount determined by the court.
Imprisonment: Up to 3 months, or both fine and imprisonment.
In repeated or serious cases (e.g., withholding critical evidence), courts may impose higher penalties.
The law emphasizes enforcement and cooperation, not punishment for inadvertent non-compliance.
5. Practical Examples
Example 1: Failure to Appear
A witness is summoned by the court to testify in a criminal case.
They deliberately fail to appear without a valid reason.
Section 155 applies, and the court may impose fine or short-term imprisonment.
Example 2: Refusal to Produce Documents
An individual is directed by an authorized officer to provide financial records for investigation.
They knowingly withhold the records.
Section 155 liability arises for obstructing investigation.
Example 3: Ignoring Procedural Directions
A person is instructed to submit evidence within a specified time.
They intentionally ignore the direction, causing delay.
Section 155 can be invoked to penalize the non-compliance.
6. Important Points
Lawful Authority: Only orders issued under the BSA or by competent authorities are enforceable.
Willfulness: Liability arises only if the failure is intentional or negligent without valid justification.
Scope: Applies to witnesses, parties, and custodians of evidence.
Civil vs Criminal: Primarily a criminal offence, but also ensures administrative compliance in investigations.
7. Summary Table
| Aspect | Section 155 BSA, 2023 |
|---|---|
| Purpose | Ensure compliance with lawful summons or directions in investigations |
| Who is liable | Witnesses, parties, or evidence custodians who knowingly fail to comply |
| Core Elements | Lawful summons/direction, knowledge, willful non-compliance |
| Punishment | Up to 3 months imprisonment, fine, or both |
| Practical Significance | Prevents obstruction of justice and ensures smooth investigation/proceedings |
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