Coroners Act ,1871
Act No : 4
Section : SUMMONING WITNESSES
SECTION 17: SUMMONING WITNESSES
-15[It shall be the duty of all persons acquainted with the circumstances attending the death to appear before the inquest as witnesses; the Coroner shall inquire of such circumstances and the cause of death, and, .if before or during the inquiry he is informed that any person, whether within or without the local limits of his jurisdiction, can give evidence or produce any document material thereto, may issue a summons requiring him to attend and give evidence or produce such document on the inquest. Any person disobeying such summons shall be deemed to have committed an offence under Section 174- ,Section 175-orSection 176 of the Indian Penal Code-, as the case may be.]
For the purpose of causing prisoners to be brought up to give evidence, the Coroner shall be deemed a Criminal Court within the meaning of16[Part IX of the Prisoners Act, 1900].
State Amendments
Maharashtra: For Section 17 substitute the following:- "17. Summoning witnesses.-
(1) It shall be the duty of all persons acquainted with the circumstances attending the death to appear before the inquest as witnesses. The Coroner shall inquire of such circumstances and the cause of death, and if before or during the inquiry he is informed that any person, whether within or without the local limits of his jurisdiction, can give evidence or produce any document material thereto, may issue a summons requiring him to attend and give evidence or produce such document on the inquest.
(2) When any person so summoned fails to appear and the summons has been proved to be duly served on him in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure, the Coroner may, after recording his reasons in writing, issue a warrant for his arrest. Such warrant shah be executed as if it were issued under Section 90 of the Code of Criminal Procedure, 1898.
(3) Any person disobeying a summons issued under sub-section (1) shall be deemed to have committed an offence under Section 174, Section 175 or Section 176 of the Indian Penal Code, as the case may be.
(4) For the purpose of causing prisoners to be brought up to give evidence, the Coroner shall be deemed a Criminal Court within the meaning of Part IX of the Prisoners Act, 1900."-Bom. Act 13 of 1930, Section 2.
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