Section 91

raju (Querist) 10 May 2023 This query is : Resolved
Summons were issued by court in criminal case to one witness for production of documents and to another for giving evidence with documents. Neither of witness appeared in court and one witness deputed his advocate on his behalf and produced the documents whereas another witness neither appeared nor deputed anyone whereas his witness was essential for giving evidence with records as mentioned in the summons. The court accepted that section 91 allows persons to produce documents. My query is when in the summons it is clearly mentioned for giving evidence what remedy is left for petitioner where witness can be compelled to come to witness box for giving evidence

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Quick Summary

This discussion explores the implications of Section 91 of the Code of Criminal Procedure, 1973, concerning witness summons. When a witness fails to appear in court despite being duly served, the court can issue a warrant for their arrest to compel their attendance. However, if a witness only produces documents via an advocate but doesn't provide testimony, or fails to appear at all, the court may not force them to depose, especially if they weren't present at the scene of the crime. The available evidence might need to be relied upon if witnesses are reluctant or unavailable.

T. Kalaiselvan, Advocate Online

(Expert) 11 May 2023
If the court has duly served the summons on the witness. but he didn't turn up before court then court can issue witness warrant against him to produce him before court.

Advocate Bhartesh goyal (Expert) 11 May 2023
Yes, court can issue bailable warrant to witness in case he does not appear before court inspite of duly served notice.

N.K.Assumi (Expert) 12 May 2023
I endorse the view of the bove experts.

P. Venu (Expert) 12 May 2023
What are the facts? What is the context?
Section 91 - which Act?

ashok kumar singh (Expert) 14 May 2023
in the given fact, Court will take its own motion either on an appropriate application of yours or its own motion in issuing Warrant of Arrest against the said witness, who did not turn before the Learned Court even after in receipt of the summons under Section 91 of the Code of Criminal Procedure, 1973.

raju (Querist) 15 May 2023
Facts are that in criminal case complainant application for summoning the witnesses alongwith record was allowed by court and summons issued to witnesses duly served. On the next date one witness deputed his advocate alongwith records and another witness neither appeared nor deputed anyone. Court accepted that as per mandate section 91 the records has been produced and cannot force the witness. My query is that witnessess were necessary in the case and not merely for production of documents what remedy left.

Sudhir Kumar, Advocate (Expert) 23 May 2023
what are the facts necessitating the availability of the witness.

raju (Querist) 27 May 2023
Necessitating the availability of the witnesses is that where the offence of place took place the witnesses are the soly owner of the place and the offence was also reported to them verbally. But court accepted that witnesses cannot be forced as they were not available there at the time of offence.

Sudhir Kumar, Advocate (Expert) 31 May 2023
A competent witness is the one who can understand question and can make his reply understand.

In this case as you said that the such witness was not available at the scene of crime. The fact (shared so far by you) do not lead to any conclusion that the view of the court could be wrong.

raju (Querist) 01 June 2023
The witness deputed his advocate on his behalf who could not answer the questions asked in regard to documents whereas other witness neither appeared nor deputed anyone. My query is that both the witnesses were essential and important as incident was brought to their knowledge.

T. Kalaiselvan, Advocate Online

(Expert) 17 June 2023
The legal fact is taht the witnesses cannot be forced to depose evidence before court under such circumstances, hence you may have to proceed with existing or available evidence alone without depending o the reluctant witnesses

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