LAW OF EVIDENCE 633
(iii) Expenses of the witnesses:
Civil P. C. O. XVI. R. 2-4
Cr. P.C. 244, 257.
(iv) The freedom of complainants and witnesses in criminal cases from police restraints.
Cr. P. C. 171.
(v) Recognizance for the attendance of complainants and witnesses in Criminal proceedings.
Cr. P.C. 217, 170.
N OTE . —Not provided for in Civil cases.
(vi) Exemption of witnesses from arrest under Civil process.
Civil Pro. Code S. 135
N OTE . —There is no protection given against Criminal process.
- Not only is there provision for summoning a witness, there are provisions for compelling his attendance.
(1) Non-attendance in obedience to a Summons is made an offence by Section 174, 175,I. P. C.
(2) Non-attendance in obedience to a summons may be followed by Warrant of arrests under Sections 75-86 and by Proclamation and Attachment under Sections 87 89 of the Cr. P. C.
(3) Non-attendance may further render a witness liable to a Civil action for damages under Section 26 of Act XIX of 1853 (in force in Bengal) and under Section 10 of Act X of 1855 (in force in Bombay and Madras).
24 W. R. 72.
- Although the law requires persons summoned as witnesses to attend in person, the law also excuses non-attendance in certain cases. (i) By reason of non-residence within certain limits.
Civil P. C. O. XVI R. 19.
(ii) By reason of the witness being a purdanashin lady.
Civil P. C. Section 132.
(iii) By reason of the witness being a person of Rank.
Civil P. C. Section 133.
§ The witness must be competent to give evidence
- The question of competency of a person may be considered from two points of view
(1) From the point of view of his intellectual capacity
(2) From the standpoint of his veracity.