Description

Section 31 of the Code of Civil Procedure (CPC), 1908, empowers the court to issue summons to witnesses in a civil case. This section is designed to ensure that all necessary witnesses appear in court to testify on behalf of a party or assist the court in the proper adjudication of the matter at hand. A witness is a person who provides testimony, usually regarding facts that are relevant to the case, either in support of the plaintiff or the defendant.

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Key Features of Section 31 - Summons to Witness

1. Power of the Court to Issue Summons:

   • Under Section 31, the court has the authority to issue a summons to any person who is required to testify as a witness in a civil suit. The summons is a formal document that notifies the individual to appear in court and provide testimony relevant to the case.
   • The court can issue a summons to both material witnesses (those with direct knowledge of the facts) and expert witnesses (those who provide specialized knowledge that helps the court understand certain issues).

2. Who Can Be Summoned:

   • Witnesses can be anyone who has knowledge or information related to the case, including:
     • Eyewitnesses who directly observed the events in question.
     • Expert witnesses who offer specialized knowledge, for example, forensic scientists, accountants, or medical professionals.
     • Character witnesses, who may provide testimony related to a party's reputation or behavior.
     • Documents or records that are relevant to the case may be summoned if their existence or content is in dispute.

3. Form and Procedure for Issuing Summons:

   • The summons must be issued in a prescribed form by the court. It should state clearly the date, time, and place where the witness is expected to appear.
   • The summons is usually served by a process server or bailiff to the witness. It is a formal notice requiring the person to attend court and give evidence.
   • The court may also issue a subpoena duces tecum, which is a special type of summons requiring the witness not only to appear but also to produce specific documents or records related to the case.

4. Compelling Witnesses to Attend Court:

   • If a witness fails to appear or refuses to comply with the summons, the court has the power to compel their attendance. Non-compliance can lead to a contempt of court charge. In such cases, the witness may be punished with a fine or imprisonment, depending on the severity of the non-compliance.
   • The court can issue a warrant of arrest against the witness who refuses to attend or testify after receiving a valid summons. This power is necessary to ensure that key witnesses are not evading the process of justice.

5. Witness Fees:

   • Witnesses are entitled to receive a witness fee for attending court. The amount of this fee is determined according to the law or rules applicable in the jurisdiction.
   • A witness fee is usually paid by the party who requests the witness’s attendance. If the court issues a summons for a witness to testify, the requesting party may be responsible for paying the travel expenses, accommodation (if needed), and any daily fees for the witness’s time.
   • The court may also direct that the party requesting the witness’s appearance pay the reasonable costs incurred by the witness in appearing, such as transportation or accommodation.

6. Failure to Appear – Consequences:

   • If the witness does not respond to the summons or fails to appear in court, the court can issue a warrant of arrest or even punish the witness for contempt. The witness may also face additional legal sanctions, including fines or imprisonment for disregarding the court's orders.
   • A party requesting the attendance of a witness who fails to appear may also face delays in their case, which could affect the proceedings and the chance of winning the case. The absence of a key witness can lead to a weaker argument or defense for that party.

7. Witness Protection:

   • In some cases, the court may offer protection or confidentiality to certain witnesses, especially in sensitive cases. If there is a risk that a witness will be harmed, intimidated, or coerced into not testifying, the court may take steps to ensure the safety of the witness, for example, by allowing them to testify anonymously or with certain precautions.

8. Witnesses Outside Jurisdiction:

   • Section 31 allows the court to issue summons to witnesses even if they are located outside the jurisdiction of the court. This could include witnesses residing in another State or even in foreign countries.
   • The court may use international protocols or legal instruments like Letters Rogatory to request the appearance of a foreign witness. A letter rogatory is a formal request made by the court to a foreign court to compel the witness to testify.

9. Special Considerations for Specific Cases:

   • In some cases, expert witnesses may be required to provide specialized knowledge that helps the court understand complex issues in the case. In such cases, the expert’s testimony could be crucial to the court’s understanding of evidence or facts that are beyond the ordinary understanding of the court.

Punishment

Failure to Comply with Summons:

• If a witness fails to comply with the summons, the court has the authority to issue a warrant of arrest to bring the witness to court. Non-compliance with the summons is considered a contempt of court and could lead to the following:
  • Fine: The court may impose a fine on the witness for not complying with the summons.
  • Imprisonment: In more severe cases, especially if the witness's failure to attend obstructs justice, the witness may be imprisoned.
  • Criminal Liability: If a witness deliberately refuses to comply with the summons or lies under oath, they can be charged with perjury or obstruction of justice, both of which carry serious penalties, including imprisonment.

Disruption of Proceedings:

• A witness who obstructs or disrupts the proceedings may face penalties such as fines, imprisonment, or being excluded from testifying in the case.
• In case the absence of a witness adversely affects a party's case, the court may draw an adverse inference against the party who failed to ensure the witness's presence, which could damage their case.

Contempt of Court:

• If a witness intentionally avoids or refuses to appear despite being served with a summons, they may be held in contempt of court, which is punishable by both monetary fines and imprisonment.