summons issued by magistrate

Have you been called through a subpoena or to testify? This is because the rules are different in both cases.

A witness is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed (ordered to attend court) Witnesses are called to court to answer questions about a case. The information a witness gives in court is called testimony and is used as evidence to set out the facts of the alleged crime.

If you were a victim of a crime or witness to one, you may receive a subpoena telling you when you have to come to court, and who is calling you to court. The defense lawyer will probably talk to you to find out what you know about the case before they decide to call you as a witness. At this stage you do not have to answer their questions unless you want to; but if either lawyer subpoenas you as a witness, you must go to court.

When you are called to testify, you move to the front of the courtroom near the judge and the clerk has you swear to tell the truth. You must tell the truth when testifying. Lying in court is a crime called perjury, and you can be sentenced with a jail term. If you make a mistake, tell the lawyer who subpoenaed you and they will make sure your error is corrected in court.

Yes, it can amount to contempt of court if you do not appear in court as a witness.

Please not that if your named as an accused person in the charged sheet filed by police then you have a right to recieve a copy of charge sheet along with all relevent papers including statements of witnesses and copies of other documents annexed there to. You do not have to pay any charges for this purpose and the copy has to given immediately after filling of the charge sheet this right has been provided under section 207 of the c.r.P.C which is reproduced below

Section 207: Supply to the accused of copy of police report and other documents

In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:

(i) the police report;

(ii) the first information report recorded under section 154;

(iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173;

(iv) the confessions and statements, if any, recorded under section 164;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173:


Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:


Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

Regards,

Anaita Vas