Code of Civil Procedure, 1908
Order XVI CPC Rules 15 to 21: Summoning and Attendance of Witnesses
Order XVI Rules 15 to 21 of the Code of Civil Procedure, 1908 deal with the duty of summoned persons to attend or produce documents, their continued attendance, consequences of departure without lawful excuse, procedure when an apprehended witness cannot immediately give evidence, limits on compelling personal attendance, refusal by a party to give evidence, and application of witness rules to parties.
Rule 15 - Duty of persons summoned to give evidence or produce document
Subject as last aforesaid, whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to produce it, or cause it to be produced, at such time and place.
Rule 16 - When they may depart
(1) A person so summoned and attending shall, unless the Court otherwise directs, attend at each hearing until the suit has been disposed of.
(2) On the application of either party and the payment through the Court of all necessary expenses (if any), the Court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of and, in default of his furnishing such security, may order him to be detained in the civil prison.
Rule 17 - Application of rules 10 to 13
The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person who having attended in compliance with a summons departs, without lawful excuse, in contravention of rule 16.
Rule 18 - Procedure where witness apprehended cannot give evidence or produce document
Where any person arrested under a warrant is brought before the Court in custody and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has been summoned to give or produce, the Court may require him to give reasonable bail or other security for his appearance at such time and place as it thinks fit, and, on such bail or security being given, may release him, and, in default of his giving such bail or security, may order him to be detained in the civil prison.
Rule 19 - No witness to be ordered to attend in person unless resident within certain limits
No one shall be ordered to attend in person to give evidence unless he resides:
(a) within the local limits of the Court's ordinary jurisdiction; or
(b) without such limits but at a place less than one hundred, or, where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate, less than five hundred kilometres distance from the court-house.
Provided that where transport by air is available between the two places mentioned in this rule and the witness is paid the fare by air, he may be ordered to attend in person.
Rule 20 - Consequence of refusal of party to give evidence when called on by Court
Where any party to a suit present in Court refuses, without lawful excuse, when required by the Court, to give evidence or to produce any document then and there in his possession or power, the Court may pronounce judgment against him or make such order in relation to the suit as it thinks fit.
Rule 21 - Rules as to witnesses to apply to parties summoned
Where any party to a suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.