Complainant doesn't appear in court for evidence. How to bring him?

496 votes

In such a scenario when the complainant does not turn up in the court for evidence, the court will issue summons against the complainant to come to the court and depose. If the complainant doesn't come despite the court issuing summons a couple of times, then the court can drop the testimony of the complainant.

Also, in case the Complainant does not appear in court despite repeated summons, the matter can be dismissed by the Court in default due to the Complainant's non-appearance.

Recently, Punjab Vigilance Special Judge had declared the Complainant as Proclaimed Offender as he had not appeared before the Court despite repeated summons and ordered attachment of his property.

Furthermore, you can file a petition before the High Court for quashing of FIR on the ground that the same is false and the Complainant has never appeared before the Trial Court.

Thereafter you can can file a complaint in the court for the offence of defamation.

Lodging of a false FIR/complaint is punishable under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 Indian Penal Code by the police. You can file a complaint to the said Police Station where the FIR was registered to proceed against the Complainant under Section 182 or 211 of the Indian Penal Code.

LawRato LawRato

70 votes

When a complainant does not appear in court for evidence or testimony, it can have various implications depending on the jurisdiction and the specific case. Here are some general considerations:

1. Adjournment: If the complainant fails to appear in court, the court may grant an adjournment to allow the complainant another opportunity to testify. This is a common practice to ensure all parties have a fair chance to present their case.
2. Dismissal of Case: In some cases, if the complainant repeatedly does not appear despite court summons, the court may choose to dismiss the case. This typically happens when the complainant's absence severely affects the prosecution's ability to proceed with the case.
3. Contempt of Court: Failure to appear in court when summoned can lead to contempt of court charges for the complainant. However, this is a legal process in itself and may not always result in jail time.
4. Impact on the Case: The absence of the complainant can weaken the prosecution's case, as their testimony and evidence are essential to proving the allegations. It may lead to a weaker case or even an acquittal for the accused.
5. Subpoena: In some cases, the court may issue a subpoena to compel the complainant to appear in court. Failure to comply with a subpoena can result in legal consequences.
6. Victim's Role: In criminal cases, the complainant (often the victim) plays a vital role. Their cooperation is essential for the prosecution to proceed effectively. If the complainant refuses to cooperate or repeatedly fails to appear, it can affect the outcome of the case.

It's essential to consult with a legal expert or attorney in your jurisdiction for specific guidance on how the absence of a complainant is handled in your case. The legal consequences can vary significantly based on the nature of the case and local laws and regulations.

Advocate Chikirsha Mohanty LawRato

143 votes

(1) If the summons was issued on complaint and the complainant fails to appear on the appointed day for his appearance, or on any subsequent day, which may result in the hearing being adjourned for whatever reason, the Magistrate will acquit him, regardless of anything that has come before.

Advocate Chikirsha Mohanty LawRato