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bonafied (assistant)     25 December 2023

Why trail court do not exercise crpc 350?

The court issued multiple proclamations to the witness even though the witness resides in the same city summons were neglected. When witness comes to the court magistrate does not even ask any justification for absence. When I raise that the witness changed the phone number and address. Witness were bound over by court. After few hearings witness is a no show. Should I appeal to court to exercise CrPC 350 and impose fine or court has to take cognizance by itself? Why law is not impartial when it comes to criminal cases.



Quick Summary
This discussion questions why trial courts often fail to exercise powers under CRPC 350, even when witnesses repeatedly fail to appear despite being summoned. The original poster notes that magistrates do not seek justifications for absence and that witnesses who change contact details continue to be a no-show. They ask whether they should appeal for the court to impose fines under CRPC 350 or if the court should act independently, expressing concern about the impartiality of the law in criminal proceedings.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 December 2023

If you are an accused then you can ask your advocate to put pressure on court either to issue a witness warrant or to dispense with the eivdence of the witness. 

bonafied (assistant)     08 January 2024

Thank you for your reply. Can you let me know what is the diffrence between NBW and witness warrant. 

Shweta Bharti (--)     20 May 2026

Hello, Inquirer.

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