Section 135 of the Bharatiya Nyaya Sanhita (BNS), 2023
📘 Section 135 – Refusal to attend or answer question by accused
⚖️ What Section 135 says (in simple terms):
When a person is accused of an offence and is called upon by the court or an investigating officer to attend or answer questions related to the case,
If that person refuses to attend or refuses to answer the questions without a lawful excuse,
Then the person can be punished under this section.
🧾 Breakdown of Key Elements:
| Element | Explanation |
|---|---|
| Accused person | The individual who is formally charged or suspected of committing an offence. |
| Called upon by court or officer | The accused is legally summoned or asked to appear or respond during investigation or trial. |
| Refusal to attend or answer | The accused deliberately does not appear or refuses to respond to questions. |
| Without lawful excuse | The refusal is not justified by any valid reason such as illness, legal privilege, or other recognized excuses. |
⚠️ Punishment:
The person may be subject to imprisonment, fine, or both, as prescribed by the Act.
🔍 Purpose of Section 135:
To ensure the accused participates in the judicial process.
To prevent deliberate obstruction or delay of justice.
To compel attendance and cooperation of accused persons during investigations and trials.
📝 Example:
An accused person is summoned by the court for questioning but does not show up without any valid reason — punishable under Section 135.
Or, the accused is present but refuses to answer questions aimed at clarifying the case — also punishable.
🚨 Important Notes:
The right to remain silent to avoid self-incrimination may be protected elsewhere; this section targets unjustified refusal to attend or respond generally.
Lawful excuses such as illness, legal counsel advice, or other valid reasons may exempt a person from punishment.
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