Witness not appearing for court

743 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.

Advocate Raghuraman Balaji LawRato

278 votes

When a witness fails to appear in court in a criminal case in India, it can have significant implications for the legal proceedings. Here's what you need to know about the non-appearance of witnesses in criminal cases:

1. Legal Obligation: Witnesses in criminal cases have a legal obligation to appear in court when summoned. Failure to do so can result in legal consequences.
2. Summons: Typically, witnesses are served with a summons by the court, requiring them to appear on a specific date and time. It is essential to comply with these summons.
3. Contempt of Court: Non-appearance can lead to a charge of contempt of court, which is a serious offense. Contempt of court can result in fines, imprisonment, or other penalties.
4. Delay in Proceedings: Witness non-appearance can cause delays in the trial and legal proceedings. This can be frustrating for both the prosecution and the defense.
5. Impact on the Case: The absence of a crucial witness can impact the case's outcome. The court may adjourn the hearing, issue warrants against the witness, or consider their testimony unreliable if they repeatedly fail to appear.
6. Warrant Issuance: If a witness repeatedly fails to appear despite summons, the court may issue a warrant for their arrest to compel their attendance.
7. Compelling Attendance: Courts have the authority to use various means to compel witnesses to attend court, including fines, warrants, and arrest.
8. Importance of Testimony: Witnesses play a crucial role in the criminal justice system by providing essential testimony and evidence. Their cooperation is vital for the fair administration of justice.
9. Legal Counsel: Witnesses who have concerns about appearing in court should seek legal counsel to address their apprehensions and explore available legal remedies.

Advocate Chikirsha Mohanty LawRato

208 votes

1. If the witnesses fail to appear, the court may dismiss the case or decide to issue NBWs in exchange for their presence. 2. The court has no choice but to dismiss your case if no witness from the prosecution comes forward to testify.

Advocate Chikirsha Mohanty LawRato