• Witness

I work in central bank of India and all staff is attacked by a local in 2016 in Bihar and police file a case under ipc 332,353,506,504,341,323 and 44 and after that incident compromise happens at that that time now Court has called all the 4 staff for witness but now I am in Karnataka and officially I don’t get any information for my presence. I am unable to go now what to do is there any provisions that if witness not appear in court than court will issue warrants against witness.
Asked 8 years ago in Criminal Law
Religion: Hindu

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11 Answers

Hello,

If you have been called upon by the court then you will have to mark presence.

yes the court can issue warrant later.

If you can not go immediately, then engage a lawyer who can file an application for exemption from appearance and may take a date appropriate for you.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

There are some options. You can seek exemption or ask the Public Prosecutor for dropping your name. I wish to see charge sheet. Please come to my office for legal advise with documents for appropriate advise.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If witness does not appear in court then court can issue bailable warrant against you

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

-- If a witness/person does not appear before the criminal court on the day mentioned in the summons served upon him, then the court may issue bailable warrants against him to ensure that next time he appears before the court.

-- If the witness/person concerned does not appear even on the next date, despite service of bailable warrants upon him, the court may take a serious view and may issue non-bailable warrants against him to compel his appearance before the court on the next date.

-- If the witness/person concerned does not appear even after issuance of non-bailable warrants against him, the court may draw a inference that he has absconded and is concealing himself deliberately so that the warrant can not be executed , then the court will declare him as a proclaimed offender(P.O).

So, as per law of the land you should appear before the court , further if you are unable to appear on the date , then you can inform the court by the other persons regarding your absence and in this way you will get next date of hearing.

Hence,dont take tension and try to inform the court the reason of your absence and further inform the other persons , who are going to appear before the court accordingly. You will get further date for appearing.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1) The witnesses should be bound over by re-cognizance to appear and give evidence in the matter of the charge against the accused at the trial by. In case they fall to appear the court can issue a warrant against them to secure their attendance (Section 92 Cr.P.C.). Thus, on non-appearance of the witness, the case does not get dismissed; rather the Court issues a warrant to secure the attendance of the witness(es).

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the summon was not served to you the court will summon you again to witness in the court.

In case you don't receive any summon at all you may check from the advocate and provide your address to send the summon to appear on the next date to testify.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Inform the Court through Police authority came to serve u summon or ur co-witnesses to inform the court about the reason of ur absence

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

Please note if they have not issued you any summons personally cOurt can't issue witness warrant. Even in case summons served on you you can ask the court time stating you are out of station

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Dear Client,

It`s a one day deal. If u will not appear in the court, Non bailable warrant will issue. But such warrants are not strictly adhered against witnesses. But until u not attend court hearing for recording of statement, position will be same and will be tighter.

Sec 332 and 353 cannot be compromised.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you were not served with the notice to appear before court for appearing as witness, then you dont be bothered about it, no warrant will be issued if no notice has been served on you.

You wait for the notice, the court will close the evidence of this witness if police say before court that the witness is not transferable due to his transfer from this place.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. Unless you get summons from the court to appear before it as a witness you do not have to go.

2. Once the summons come then you must go, failing which the court may issue a warrant of arrest to compel your appearance.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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