Order 16 of the Civil Procedure Code (CPC) deals with the summoning and attendance of witnesses in civil cases. Witnesses are crucial to a case because they provide evidence that may support or challenge the claims made by the parties involved. Order 16 provides the legal framework for how and when witnesses should be summoned to appear in court, as well as the procedures related to their attendance.
Issuance of Summons:
The court may issue a summons to any person to appear as a witness and give evidence on behalf of either party to a suit. A summons is a formal written order that directs a person to appear before the court and provide testimony.
Content of the Summons:
A summons should specify the time, place, and date when the witness is required to appear in court. It also mentions the case number and the details of the proceedings in which the witness is called to testify.
Service of Summons:
The summons must be served to the witness, typically by a court official or process server. The service of summons should be done in a timely manner to ensure that the witness can make arrangements to attend the hearing.
Personal Service:
The summons must generally be served personally to the witness. Personal service means delivering the summons directly to the person who is being called to testify. This ensures that the witness is officially informed of the requirement to attend court.
Alternative Methods of Service:
If personal service is not possible, the court may allow the summons to be served through other methods, such as by substituted service (posting a notice in a public place or publication), depending on the circumstances of the case.
Duty of Witnesses to Attend:
Once a witness is summoned, they are legally obligated to attend the hearing and testify in accordance with the court's instructions. Failure to attend without valid reasons may result in penalties or even contempt of court proceedings.
Witness's Expenses:
The party who calls the witness is responsible for paying the witness’s travel expenses, including costs for transportation, accommodation, and sustenance for attending the trial. In many cases, witnesses may also be entitled to a daily allowance for their time spent in court.
Consequences of Non-attendance:
If a witness fails to attend after being properly summoned, the court may issue a warrant of arrest for the witness or impose penalties. The court may also proceed with the case in the absence of the witness if the party calling the witness cannot proceed without the testimony.
Documents Required by the Witness:
If a witness is summoned in connection with certain documents that are relevant to the case, the court may direct the witness to produce those documents at the time of their testimony. This ensures that all necessary evidence is presented in court.
Subpoena for Documents:
If a witness refuses or neglects to bring documents that they are required to produce, the court may issue a subpoena compelling them to do so. This is a legal order directing a person to produce specific documents as part of the case.
Witness Fees:
The party summoning the witness is required to pay a fee or reimbursement to the witness for their time and expenses. The court may determine the amount of fees to be paid to a witness.
Failure to Pay Fees:
If the party summoning the witness fails to pay the required fees or reimburse the witness for their expenses, the court may refuse to issue the summons or dismiss the case for non-compliance.
Summoning Foreign Witnesses:
If a witness is located outside the country, the court may issue a request for the witness to be summoned through diplomatic channels. This process can take time, as it depends on international cooperation between countries.
Special Procedure:
In cases where foreign witnesses are summoned, special procedures may apply under international treaties or agreements for the service of summons and production of witnesses.
Warrant of Arrest:
If a witness fails to attend court after being properly summoned, the court may issue a warrant of arrest to compel their appearance. This is a serious consequence and ensures that the court’s orders are respected.
Penalties for Non-Attendance:
The court may impose fines or other penalties on the party responsible for a witness’s non-attendance if the failure to appear is due to their actions or negligence.
Dismissal of Case:
If a crucial witness fails to attend and the party cannot proceed without them, the court may dismiss the case or adjourn the matter, leading to delays and possible dismissal.
