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Non appearance of witness in criminal case in India


04-Jul-2024 (In Criminal Law)
My friend lost his 2 kids in an accident. The forensic reports and the doctor who did postmortem are main evidences. Doctor not appearing even after summons from court 3 times. Other witnesses are kept on hold waiting for doctor's evidence submission. what if witness doesn't come to court in India?Please advice a way forward.
Answers (2)

Answer #1
456 votes

In India, if a witness fails to appear in court, the judge can take strict action. The court may issue a proclamation directing the witness to appear, and if ignored, an arrest warrant can be issued. In some cases, the court can attach the witness?s property or impose fines as penalties. Courts may also proceed summarily against the witness for willful absence. However, if the witness has a lawful excuse, the court may take a lenient view.

And if the no-show witness is actually the complainant, the stakes are higher their repeated absence could even kill the case or lead to the accused walking free.

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Advocate Chikirsha Mohanty

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Answer #2
500 votes
Consequences for a Witness Who Fails to Appear. On the other hand, if a witness fails to appear in court there could be implications for the witness. There will only be consequences for the witness if the State has properly subpoenaed the witness. To properly subpoena a witness, the prosecuting attorney must have the subpoena personally served on the witness. Once the State has done this, the witness is legally obligated to come to court. If the witness fails to appear in court, the Court can issue a warrant for the arrest of the witness. The witness could be taken into custody and remain in custody until the day of the trial.
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Advocate Raghuraman Balaji

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