What is the maximum punishment under CrPC section 350
Hello.my name is Dr.amit ,my question is to all of you,i was a medical officer did some medico legal work while i was posted to govt.hospital but now i left the job and shifted to other state,so for that medico legal work court summoned me at my permanent address,but my mother refuse to take my summon and gave my current address.but no body from summon staff did not approach me and they just written any reason they like, at last judge issued arrest warrant against me and that summon staff bring to me.so i got know. so i decided to visit the court on fixed date.so when i was reached there judge gave order to arrest me with out my explanation,or with out explaining any thing,that for what time i have detained ,under what charges.i was kept under custody around 4 hrs and later they gave me memo and asked me to sign it.and in that paper it was written that you are charged under section 350 and you have to reply on same date,so i replied to it.so after 2 hrs of it judge fined me Rs 1000 and ordered for release.so i want to make a complain against judge.so it is possible? and how much chances are there, that an action will be taken against the judge ?.and i also want to file a complain against police,they did not make my entry in register,did not tell me for how much time, i have been detained. my medical was not done i was treated like a super criminal that i have raped some one or i am a murderer.did not accept my belongings and we don't know either throw or give some one else.but i was alone so i had to kept my belongings to a stranger.
Asked 6 months ago in Criminal Law from New Delhi, Delhi
section 350 of CR Pc provides summary procedure for punishment of witness who disobeys summons
2) if any witness being summoned to appear in court without just excuse neglects or refuses to attend court then the court on being satisfied that it is in interest of justice that witness should be tried summarily , the court may after giving offender an opportunity to show cause why he should not be punished impose fine of not more than Rs 100
3) you can appeal against the order imposing fine of Rs 1000
4) no complaint lies against the judge as he has given you an opportunity to submit a reply and then fine imposed by court
1. You and the Judge are not the same.
2. You are the accused and he is the Judge to hear the allegation lodged against you and also your submissions to pass order in the matter based on law of our land.
3. You can not ask for his punishment for trying you or passing some order against you which you did not like.
4. you might be an Doctor by profession but are an accused only before him who has been authorised to try you as per law by the constitution of India.
5. If you are aggrieved against his order, you have the liberty to challenge the same before the Appellate Court but can not ask to punish the judge for passing the said order which has not been liked by you.
6. The situation you have faced in the Court is usual in our country and are faced by all. Criminals are punished with jail term. So, it is not correct that criminals only should faced the situation what you have faced. This is what prevails in all the Courts of our country.
1. You botched up your defence as you did not engage a lawyer. Be that as it may, no complaint is made out against the judge for any bona fide act done by him in discharge of his official duty.
2. You may challenge the order of fine in the higher court. This is your only remedy.
The provision of the law referred by you is given below:
350. Summary procedure for punishment for non- attendance by a witness in obedience to summons.
(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 one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
Under the above, it becomes your duty to obey the court order and the law.
Nobody is above law.
If everyone who has been either punished or fined decides to take action against the judge passing the orders/judgment then there is no necessity for court or judge.
You should be happy that you have been let off within four hours.
You were at fault hence you cannot take any legal action against anyone.