Summary procedure for punishment for non-attendance by a witness in obedience to summons
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Summary
When a witness lawfully summoned to a Criminal Court neglects or refuses to attend, or leaves before it is lawful to do so, and has no just excuse, the Court can summarily take cognizance and try the witness if it finds it expedient for justice. The witness must be given a chance to show cause. The Court may fine the witness up to one hundred rupees and should follow summary-trial procedure as far as practicable.
Example
Priya is summoned as a witness to a Criminal Court but does not attend and gives no excuse. If the Court considers it just, it may summarily try her after allowing her to show cause, and may impose a fine up to one hundred rupees.
Bare Act
Enacted text(1) If any witness being summoned to appear before a Criminal Court 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 one 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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