Section 31 CPC - Summons to Witness: Meaning, Procedure and Legal Provisions
Section 31 of the Code of Civil Procedure, 1908 (CPC) governs the service of summonses requiring witnesses to give evidence or produce documents or other material objects in civil proceedings. It makes the rules in Sections 27, 28 and 29 applicable to these witness summonses, while Order XVI of the First Schedule provides detailed procedural rules.
Section 31 CPC - Statutory provision
31. Summons to witness.The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.
This provision extends the statutory framework for service of summons to persons called as witnesses or required to produce evidence. The procedural details must also be read with the relevant Orders and Rules, including applicable High Court amendments and court directions.
Meaning and scope of Section 31 CPC
What is a witness summons?
A witness summons is a formal direction issued by a civil court requiring a person to attend court to give evidence, to produce specified documents or material objects, or both, as directed. The summons identifies the proceeding and the attendance or production required.
How Sections 27, 28 and 29 apply
- Section 27: sets out the general framework for issuing summons in a duly instituted suit. Section 31 applies its relevant service provisions to witness summonses; it does not turn a witness into a defendant.
- Section 28: provides for service of summons in another Indian State through the prescribed court and procedure, including the return of the service record and relevant translation requirements.
- Section 29: addresses service in India of summonses and other processes from specified courts outside the territorial operation of the CPC or from qualifying foreign courts, subject to the statutory categories and required Central Government notifications.
Procedure for summoning a witness in a civil suit
- Identify the evidence: determine which witness or document is material to the issues in dispute.
- Apply under the applicable rules: under Order XVI, parties ordinarily file a list of witnesses within the time directed by the court and seek summonses with appropriate particulars. A court may permit a witness not named in the list to be called for sufficient cause under the applicable rule.
- Deposit witness expenses: where required, pay the amount fixed for travel, attendance and other reasonable expenses under Order XVI Rules 2 and 3, subject to local rules and directions.
- Issue and serve summons: the court issues the summons, and service is effected in the prescribed manner, including interstate procedures when applicable.
- Record compliance: the witness attends or produces the specified material as directed. The court may record testimony, inspect documents and pass appropriate procedural orders.
Where a person is summoned only to produce a document, Order XVI Rule 6 generally allows compliance by causing the document to be produced, without personal attendance, unless attendance is separately required. Rules concerning witness lists, service, attendance and evidence may vary through valid local amendments or special procedural regimes.
Related provisions of the CPC
| Provision | Purpose |
|---|---|
| Section 30(b) | Power of court to issue summonses to persons required to give evidence or produce documents or other objects. |
| Section 31 | Applies Sections 27, 28 and 29 to summonses for evidence and production of material. |
| Section 32 | Provides measures against persons summoned under Section 30 who fail to comply, subject to the law and court's discretion. |
| Order XVI | Detailed rules on witness lists, summons, expenses, attendance and production of documents. |
| Order XVIII | Rules relating to hearing of suits and examination of witnesses. |
| Order XXVI | Commissions for examination of witnesses and other specified purposes where appropriate. |
What if a witness does not appear?
Failure to comply with a properly issued summons can lead to court action. Under Section 32 CPC, the court may, in circumstances permitted by law, issue a warrant for arrest, attach and sell property, impose a fine within the statutory limit, or order security for appearance and, in default, civil imprisonment. Order XVI Rules 10 to 13 contain further procedures. These consequences are not automatic: the court must consider service, lawful excuses and applicable procedural safeguards.
Practical examples
Example 1: Bank official called to produce records
In a loan recovery suit, a party may seek a summons requiring a bank official to produce relevant account records. The court assesses relevance and directs production under Section 30(b), Section 31 and Order XVI, subject to confidentiality, admissibility and other applicable rules.
Example 2: Witness living in another State
A civil court in Delhi needs testimony from a witness residing in Karnataka. The court may use the prescribed interstate service mechanism under Section 28, as applied by Section 31, subject to the applicable rules and any alternative mode the court lawfully permits.
Example 3: Witness unable to attend for a valid reason
A witness who is seriously ill should promptly inform the court and provide supporting material. The court may consider an adjournment or another legally available method of recording evidence, such as a commission, rather than treating absence as deliberate disobedience.
Frequently asked questions
Does Section 31 CPC itself authorize the issue of witness summonses?
Section 31 applies the service provisions of Sections 27 to 29 to witness summonses. The court's power to summon witnesses is principally addressed by Section 30(b), read with Order XVI.
Can a civil court summon a witness from another State?
Yes, subject to applicable jurisdictional and procedural rules. Section 28 provides a framework for interstate service, which Section 31 extends to witness summonses.
Can a witness be asked only to produce documents?
Yes. A summons can require production of specified documents or material objects. Under Order XVI Rule 6, a person summoned solely to produce a document may generally cause it to be produced without attending personally.
Is every witness required to appear personally?
Not necessarily. The requirement depends on the summons and applicable law. The CPC also contains provisions on production without attendance, limits on compelling personal attendance and recording evidence by commission.
What happens if a summoned witness ignores the court?
The court may use procedures under Order XVI and measures available under Section 32 CPC, after considering whether the summons was duly served and whether a lawful excuse exists.
Official legal sources and further reading
Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 and the Legislative Department, Government of India for legislative resources. For court judgments and practice information, refer to the Supreme Court of India. Verify any State amendments, High Court rules and procedural directions relevant to the particular court.
Legal information: This article explains the general CPC framework and is not a substitute for case-specific advice or the applicable rules of the court concerned.