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im accused one attending every notice
23-May-2023 (In Criminal Law)
my lawer and witness one are not attending in last hearing
Business : Accused present. LWs absent. Issue B.W against LW1. Summons to LW1
this was given. so in next hearing i have any problem any warrent given to me or not
The full form of "LW" is listed witnesses as per the law related to criminal proceedings in India. The prosecution prepares a list of witnesses which it will examine in order to prove its case in the Court.
If a listed witness (LW) in a criminal proceeding is absent despite being duly summoned, the court may take several actions depending on the circumstances. Here are some possible steps that the court may take:
1. Adjournment: The court may adjourn the hearing and issue a fresh summons to the witness, directing them to appear on a specified date. As per Section 309 CrPC, adjournment is usually granted upon payment of costs by the party on whose instance such adjournment is granted. This is usually the first step that the court takes if a witness is absent.
2. Warrant: If the witness fails to appear even after being summoned again, the court may issue a warrant for their arrest. The warrant may be either a bailable or a non-bailable warrant, depending on the seriousness of the case and the discretion of the court.
3. Dispensing with the witness: In certain situations, the court may dispense with the need for the witness to appear in person, and instead, allow the evidence to be recorded in their absence e.g., Section 284 CrPC, where a Commission is appointed to examine such witness outside of court.
4. Examination of other witnesses: If the witness is absent but the accused is present, the court may proceed with the examination of other witnesses, if any, who are present in the court. The court may also allow the accused to cross-examine the witnesses, and may consider their evidence along with other evidence on record.
It must be borne in mind that the absence of a witness can have a significant impact on the outcome of a criminal case, and the court may take a serious view of any wilful absence or non-compliance with the summons (It is an offence under Section 174 IPC). Therefore, it is advisable to take all necessary steps to ensure that the witness is available for the hearing.
If a listed witness (LW) in a criminal proceeding is absent despite being duly summoned, the court may take several actions depending on the circumstances. Here are some possible steps that the court may take:
1. Adjournment: The court may adjourn the hearing and issue a fresh summons to the witness, directing them to appear on a specified date. As per Section 309 CrPC, adjournment is usually granted upon payment of costs by the party on whose instance such adjournment is granted. This is usually the first step that the court takes if a witness is absent.
2. Warrant: If the witness fails to appear even after being summoned again, the court may issue a warrant for their arrest. The warrant may be either a bailable or a non-bailable warrant, depending on the seriousness of the case and the discretion of the court.
3. Dispensing with the witness: In certain situations, the court may dispense with the need for the witness to appear in person, and instead, allow the evidence to be recorded in their absence e.g., Section 284 CrPC, where a Commission is appointed to examine such witness outside of court.
4. Examination of other witnesses: If the witness is absent but the accused is present, the court may proceed with the examination of other witnesses, if any, who are present in the court. The court may also allow the accused to cross-examine the witnesses, and may consider their evidence along with other evidence on record.
It must be borne in mind that the absence of a witness can have a significant impact on the outcome of a criminal case, and the court may take a serious view of any wilful absence or non-compliance with the summons (It is an offence under Section 174 IPC). Therefore, it is advisable to take all necessary steps to ensure that the witness is available for the hearing.
Helpful?
Adv. Sudershani Ray
Delhi | 200+ Answers
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hi
l.w.1 has to appear before the court and get the bailable warrant cancelled.
it is a minor issue as l.w1 is a witness to case and he has to depose before the court and so make available for cross examination
l.w.1 has to appear before the court and get the bailable warrant cancelled.
it is a minor issue as l.w1 is a witness to case and he has to depose before the court and so make available for cross examination
Helpful?
29+
29+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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