• Summon as witness

I worked in Alliance capital asset management india as VP operations during 1999 to 2006 and have been summoned as witness in the case State through CBI vs Swam Singh under section 13(2) r/w 13(1)(c) of the PC act at CBI Dhanbad. 
Am I obligated to go to Dhanbad from Mumbai Where i live and what Happens if I dont. Am I entitled for travel and stay expenses and whats the eligibility?
Asked 5 years ago in Criminal Law
Religion: Christian

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20 Answers

Hi,

You are suggested to comply the court notice and go to court on date of hearing. Do appear as witness and ask for TA, diet money etc. It will be paid to you.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear sir,

A summons is a court order. If you fail to appear, the court has numerous remedies. If you were subpoenaed and you were an obviously reluctant witness, the attorney who subpoenaed you could just seek that you be forcibly brought into court. Or the attorney could ask the court to gently remind the witness of their obligation.

Either way, if you have a summons, you need to appear. If you have some reason why you believe you should not appear, you should talk to a lawyer and see if you can get the summons quashed (and there is no ‘s’ in front of quashed). If you were a fact witness, you likely cannot get the summons quashed. If it is merely inconvenient, you likely cannot get the summons quashed. If you have some legal reason, such as a legal privilege, your attorney can tell the court why you should not be a witness and raise the privilege for you. The court can then determine if the privilege is sufficient to relieve you of the order to appear.

Without some sort of privilege, though, if you are summonsed to be a witness, you need to obey the summons.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You'll be paid diet money, which has been pre decided by the court. If you do not appear, warrants would be issued in your name. I would advise you to go and get your statements recorded.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You are defenitely under legal obligation to appear before the court. Court may issue arrest warrent if you fail to appear without some valid reason.

All expenditure in connection with your appearence shall be borne by the party who applied to court for your witness. These expenditure are reimbursed as per prescribed rules in this regard.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

This is my response to you:

1. Yes you must go as a witness and record your statement;

2. There will be witness protection by the CBI court;

3. Maybe if you are being called for taking your chief and the same can go to cross-examination;

4. If you are worried, then you can engage services of a lawyer to protect your rights;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You must have given your statement to investigation agency while investigation in corruption compliant, Now you have been summoned for cross examination. No expenditure on first hearing, if case adjourned on the request of defendant than only expanses will order by court that also on your request.

Nominal expanses. 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You must appear as witness on date mentioned 

 

2) if you don’t appear bailable warrant would be issued against you 

 

3) you would be entitled to train fare 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

You would not be entitled to air fare 

 

you would be entitled to iii rd AC fare 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

See you have to go  if you fail court will issue warrent against.you.

You will.get.expeses as witness as per court schedule.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

That is different in state to state and you will get the amount as per courts direction.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It will be lumpsum amount. It's generally 2-3k. You would not be reimbursed foe your expenses.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

yes if you have called as witness then definitely court will pay you the aforesaid expenses. The amount will be decided by court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Since you are summoned witness you have to appear before court till you are discharged. In case you don't appear on the date fixed in spite of service of the summon, court may issue warrants against you.  Diet money for appearance in the Court shall be fixed by the concerned court..

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Dear Sir,

Payment of reasonable expenses to witnesses :-

           

(1) Where a person is called upon to attend the courts as a witness, he shall be entitled to receive the payment of expenses incurred in attending the court at the following rates :-

(a) If such a person is an employee of the Central or the State Government or any Government undertaking he shall not be paid any travelling or other allowances but a certificate shall be issued to him by the Principal Officer, Mercantile Marine Department under whose Jurisdiction the investigation or inquiry is being conducted, stating clearly the date and time of his attendance at the court to enable him to claim such allowances from his parent department.

 

(b) If such a person is a master, mate, engineer or any other seaman employment on board ship whose casualty is being investigated or enquired into by the court, he shall be paid travelling and other allowances as under :-

           

(i)         If he is a master, mate or engineer, the allowances as are admissible to Group A Officers of the Central Government.

(ii)        If he is a petty officer, allowances as are admissible to Group B Officers of the Central Government and

(iii)       to all other seamen, allowances as are admissible to the Group C Officers of the Central Government.

 

 

(c) All other persons who are not covered in any of the above mentioned categories, shall be paid the actual travelling expenses and such other allowances as may by decided by the court (but shall not be same that payable to a witness appearing in his court in a criminal Trial )

 

            (2)        In case the person referred to in clause. (b) of sub-rule (i) undertakes journey in a class lower than the class by which he is entitled to travel, the travelling expenses payable to him as a part of the expenses shall be limited to the actual expenses incurred by him.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

you must appear before court as witnesses if you failed to appear court would issued arrest warrant against you. you would be entitle nominal expenses. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Respected sir... 

If you were called in the official capacity then you will get only bus fair else you will not get any kind of money not for your hotel... If you are just a witness then don't go so long as there is no special requirements.. How many times you received summon and weather it is received by you or someone else... If by someone else don't receive it in future... Once you don't receive then you will not have any legal obligations... And no need for go so far... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Hello,

If your witness is important the court will in default issue bailable warrant of arrest to produce you before the court .

No there is no so such options where you could avail such services from government exchequer.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

You have received summons from court hence you may have to attend court to depose evidence or else a witness warrant may be issued to you.

 Cases in which Government is to pay the Expenses—The Criminal Courts are authorised to pay at the rates, specified below, the expenses of complainants or witnesses—(1) in cases in which the prosecution is instituted or carried on by or under the orders or with the sanction of the Government, or of any Judge. Magistrate, or any other public officer, or in which it shall appear to the presiding officer to be directly in furtherance of the interests of the public service; (2) in all cases entered in column 5 of Schedule II appended to the Code of Criminal Procedure, as not bailable; (3) in all cases which are cognizable by the Police; and (4) of witnesses in all cases in which they are compelled by the Magistrate, of his own motion, to attend under Section 540 of the Code of Criminal Procedure [Sec. 311 of new Code].

 

However you may not expect the travelling expenses to the extent you have spent or the reimbursement of accommodation to the expenses incurred.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Travel expenses in the shortest route in ordinary  second class fare, hotel accommodation may or may not be granted, forget about star hotel accommodation.

 


Travel expenses in the shortest route in ordinary  second class fare, hotel accommodation may or may not be granted, forget about star hotel accommodation.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear

If you have got the summons as witness then you have to travel to Dhanbad for giving your evidence.

If you don't go for giving evidence then court can issue Non bailable warrant against you. 

If you are eligible for expenses then the amount must be mentioned on your summon.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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