Summary procedure for punishment for nonattendance by a witness in obedience to summons
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Summary
When a witness legally summoned to a Criminal Court fails without a just excuse to attend at the required place and time, or leaves before allowed, the court may try the witness summarily. After giving the witness an opportunity to show cause, the court may sentence them to a fine not exceeding five hundred rupees. The court must follow the usual summary-trial procedure as far as practicable.
Example
Priya gets a summons to appear in a Criminal Court at 10:00 am but does not attend and gives no just excuse. The court can ask her to show cause, then try her summarily and impose a fine up to Rs. 500. The court will follow the usual summary-trial steps as far as practicable.
Bare Act
Enacted text(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
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