If a witness doesn't show up in the court
mia mathew
(Querist) 21 June 2016
This query is : Resolved
Recently i have lodged a complaint against a man on account of molestation (ipc 509)in public. The court has almost started its procedures. And what happens if the witness doesnot show up herself in the court..?? Am constantly trying to get connected to her bt there is no response. (i do not know her personally we met there at the place of crime and she was there with me at the police station to file the case.. ) And I understand her reluctance in showing up herself in the court.. Finally what happens if she does not show up in the court for hearing..?
S.Mohanavadivelan
(Expert) 21 June 2016
It seems she is a material witness and her presence is vital.you can ask the court to issue a witness warrant to compell her attendence.But it is not the number of witness that decides the case but the quality.If your witness is good court can decide the case in your favour and her absence may not be fatal.
Devajyoti Barman
(Expert) 21 June 2016
If the witness does not turn up the court can issue W/A to secure his presence.
If in spite of that the witness could be found then his evidnece would be closed which benefits the accused person.
R.K Nanda
(Expert) 21 June 2016
Agree with experts.
Rajendra K Goyal
(Expert) 21 June 2016
Well advised, agree with the expert Devajyoti Barman.
