• Consequences if a witness repeatedly fails to attend the hearing

I am a witness in a corruption case against a doctor. Inquiry officer from the disciplinary Committee of the govt hospital (New delhi) has summoned me (through registered post) to appear and give my statement. But my lawyer is not allowing me to attend. He is telling me to give some reasons and avoid the hearing. Will i be arrested for this and kept under custody till next hearing? Can i get a anticipatory bail for this?? Pls suggest.
Asked 4 years ago in Criminal Law
Religion: Hindu

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19 Answers

Firslty, disciplinary committee is not the court of law who can issue warrant against any person.

Secondly, if they happen to love to court for further adjudication then a chance would be there for you to appear.

Thirdly, one or two instances only bailable warrant has been issued to the witness, if he still doesn’t come then a non bailable earrant where you might have to abscond and apply for Ancipitary Bail.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

hello,

I don't understand that why are you not helping the courts reach a just decision? is the doc your friend?? the court can send police personnel in case you don't appear. a bailable warrant can be issued and then a non-bailable one. bail application can be filed once the court issue a warrant.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

See inquiry officer doesn't have power as court to issue a warrant against you for arrest. He is just quasi judicial body. You won't be arrested.

In case the matter is refereed before the court the court has power to issue a non bailable warrant against you in case you wilful doesn't present yourself to give your evidence.

The court will first issue summon the. Bailable warrant if that is not complied then Non bailable warrant.

Further you can get warrant cancelled by appearing before court by way of filing application.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further if you are a government official then a disciplinary action can be initiated against you for willfully abstain from giving evidence.

As inquiry officer doesn't have power of arrest till there is no special circular related to particular enquiry by central government but he inquiry officer if you are government can report same.to your higher authorities and disciplinary action against you can be initiated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

If you keep on avoiding the presence in the court then the court might issue NBW. Being a witness there is no point in avoiding the summons.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You must appear and give evidence before inquiry committtee of govt hospital

You would not be arrested if you don’t appear

You don’t need AB from sessions court

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Respected sir ...

In these type of cases police gernally do not arrest the witness but once if they got arrest order from. Court then sir they will have power to arrest you and then you will have to take bail from court as this is a peety offence so you will get bail easily ...It's all upto you what you want ..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Disciplinary committee is not comes under judiciary or Quasi judicia so you need not worry and you do not worry about arrest and also for anticipatory bail

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1. i am not sure why your lawyer is suggesting in such manner.

2. If know about the incident then you must attend the proceeding and give your testimony.

3. This is a disciplinary proceeding which is done internally by the department. Here there is no scope of investigation of Police and hence question of arrests does not arise as well.

3. Unless and until any FIR is registered wherein you are shown as co accused person there is no need to apply for anticipatory bail.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

In your case the proceedings are initiated by quasi judicial body as such they have no power to steer you only if the summons are issues by court and if you refuse to attend court hearing as witness the court has right to issue a NBW against you to secure your presence as witness. No need of anticipatory bail for the summons served by a quasi judicial authority.

It's advisable to attend the hearing or a disciplinary action may also be initiated against you if you are from same department.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

if you do not appear then your statement will not be considered and you will no more be considered a credible witness and your testimony against the corruption will be disregarded

you will not be arrested

it is advisable to attend the hearing when summoned

why is your lawyer stopping you from the hearing?

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

Now you are safe until Bailable warrant is issued. If you do not attend even after receipt of Bailable warrant then Non Bailable warrant will be issued. If you make unavailable for execution of NBW then the departmental Committee me dispense with your presence and proceed on the available evidence. If you give evidence then there may be some problem to the accused. If you wish to save the accused-employee you must face the risk.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Disciplinary committes of the state are no judicial authorities to issue any warrant against you and so, they cannot arrest you

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

you are just a witness. please appeal and depose before the court or else court will continue to send summons to you for appearance.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

You can't apply for anticipatory bail in this matter as dur to the same reasons that the disciplinary committees are have authority to get you arrested, so no needto file for AB.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear Client,

Inquiry officer from the disciplinary Committee do not have capacity/authority to force your attendance,

Avoid and relax.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You will be declared as a ""hostile witness" and the matter may be closed without hearing you.

2. HOWEVER, the accused doctor can file criminal cases on you for your false allegations and claim monetary damages from your.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The disciplinary committee cannot issue any arrest warrant.

If you dont turn up they may dispense with your evidence and proceed further on the matter.

You can decide whether to attend or not

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. If the witness do not co-operate with trail then court may issue NBW.

2. As and when NBW issued then you need to apply for Bail.

3. You do not have to listen your lawyer in this regard because you might face consequences.

4. You may issue legal notice to IO for why you are not able to appear in court and provide statement.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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