632 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
I. P RESENCE IN C OURT .
It is a duty of the citizens to appear and testify to such facts within their knowledge as may be necessary to the due administration of justice. It is a duty which has been recognised and enforced by the Common Law from an early period.
The right to compel the attendance of witnesses was incidental to the jurisdiction of the Common Law Court, and the statutes have conferred this power upon other officers such as Arbitrators. Every Court having power definitely to hear and determine any suit, has by the Common Law, inherent power to call for all adequate proof of the facts in controversy and to that end, to summon and compel the attendance of witnesses before it.
The wilful neglect to attend and to testify after proper and reasonable service of the subpoena and in civil cases, after payment or tender of the witnesses fee of waiver of payment is a contempt of Court.
The process to compel attendance of witnesses to give testimony or to produce documents is not provided for in the Evidence Act. It is provided for in the Civil and Criminal Procedure Codes.
The following matters are in the Country provided for by the Civil and Criminal Procedure Codes.
(i) Summoning of witnesses :
Civil Pro. C. O. XII Cr. Proc. C. 68-74 (Summons)
90-93 (Other rules regarding Process)
328 (Summons on Juror or Assessor)
244 (Issue of Process in Summons Cases)
254 ( ,,,, Warrant cases)
256 ( )
257 ( )
540 (Power to summons material witness on Examine person present.)
(ii) Production of documents and other things :
Civil P.C. O. XI, XVI.
Cr. P. C. 94, 95 (Summons to produce documents or other thing)
96-99 (Search warrants)
485 (Consequences of refusal to produce)