Section 45Part 3 — General Provisions Relating to Criminal Investigations and Proceedings
Refractory witness
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45. (1) Whenever any person, appearing in obedience to a summons or by virtue of a warrant, or being orally required by the court to give evidence —
refuses to be sworn;
having been sworn, refuses to answer any question put to that person;
refuses or neglects to produce any document or thing which the person is required to produce and which is in that person’s possession or under that person’s control; or
refuses to sign such person’s deposition, Criminal Procedure Code (2026 Revision) Section 46 c Revised as at 31st December, 2025 Page 29 without in any such case offering any sufficient excuse for such refusal or neglect, the court may adjourn the case for any period not exceeding ten days, and may in the meantime commit such person to prison, unless such person sooner consents to do what is required of such person.
If such person, upon being brought before the court at or before such adjourned hearing, again refuses to do what is required of such person, the court may, if it sees fit, again adjourn the case and commit such person for a like period, and so again, from time to time, until such person consents to do what is required of such person.
Nothing herein contained shall affect the liability of any such person to any other punishment or proceeding for refusing or neglecting to do what is so required of such person, or shall prevent the court from disposing of the case in the meantime, according to any other sufficient evidence taken before it.