Section 32 CPC: Penalty for Default and Witness Summons
Section 32 of the Code of Civil Procedure, 1908 (CPC) empowers a civil court to enforce attendance by a person summoned under Section 30. When a person fails to comply with a lawful summons, the court may use specified coercive measures, subject to the procedural safeguards and limits in the CPC and applicable court rules.
Section 32 CPC - Penalty for default: statutory text
The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding five thousand rupees;
(d) order him to furnish security for his appearance and in default commit him to the civil prison.
What is the meaning of Section 32 CPC?
Penalty for default in this provision means measures a court may take to compel attendance when a person summoned under Section 30 CPC does not comply. Section 30(b) allows summonses to persons required to give evidence or produce documents or other material objects. Section 31 CPC applies the summons provisions of Sections 27 to 29 to witnesses and persons summoned to produce materials.
Section 32 is principally about compelling compliance with court-issued summonses; it is not a general power to punish every procedural delay, nor does it mean that a litigant automatically faces arrest for losing a civil case. The court must consider the relevant circumstances and prescribed procedure.
Four powers available under Section 32
Clause (a): warrant of arrest
The court may issue a warrant to secure the attendance of a person who has failed to comply with a summons. The power is exercised under the CPC's conditions, including the safeguards in Order XVI for defaulting witnesses; an arrest warrant is not the inevitable result of non-attendance.
Clause (b): attachment and sale of property
Attachment restricts dealings with specified property under a court order. Sale is a further enforcement measure, subject to the relevant procedural rules. Attachment and sale are distinct steps and should not be treated as automatic or interchangeable.
Clause (c): fine up to Rs 5,000
The court may impose a fine, but Section 32(c) expressly caps it at five thousand rupees. This statutory amount should not be confused with other cost or penalty provisions that may apply independently under different laws.
Clause (d): security for appearance and civil prison
The court may require security to ensure the summoned person's appearance. If the required security is not furnished, it may order commitment to civil prison, in accordance with applicable law. Civil imprisonment is not the same as a criminal conviction or sentence.
How does a court act when a witness fails to attend?
- Valid summons: The person must have been summoned for a purpose contemplated by Section 30, with service and attendance requirements assessed under the CPC.
- Failure to comply: The court examines whether the person has failed to attend, produce material, or otherwise obey the relevant summons, and whether there is a sufficient explanation.
- Apply Order XVI: In particular, Order XVI Rules 10 to 13 deal with a summoned witness's default and related measures. The court must follow the relevant statutory steps before invoking coercive process.
- Choose a proportionate measure: The court determines which authorised step, if any, is necessary to secure compliance, considering the facts and the procedural rules.
- Record and review: Orders, returns of service, explanations, payment of any fine and subsequent compliance are dealt with through the court record and applicable procedure.
Important distinction: A witness who has a lawful reason for not attending should promptly inform the court and seek appropriate relief. The effect of illness, improper service or other grounds depends on the evidence and the court's assessment.
Related legal provisions
| Provision | Relevance |
|---|---|
| Section 30 CPC | Power to issue summonses for evidence, documents or material objects |
| Section 31 CPC | Application of summons-service provisions to witnesses |
| Section 32 CPC | Enforcement measures for default by a person summoned under Section 30 |
| Order XVI Rules 1-9 | Witness lists, summons, expenses and attendance-related procedure |
| Order XVI Rules 10-13 | Consequences and procedure where a summoned witness fails to comply |
| Order XVI Rule 14 | Court's power to summon a witness on its own motion |
Practical illustrations
Example 1 - Non-attending witness: A witness receives a lawful summons to testify in a civil suit but does not appear. The court examines the service record and any explanation and may proceed under Order XVI and Section 32 where their requirements are met.
Example 2 - Production of documents: A person is summoned to produce relevant records. Unjustified non-compliance may lead the court to consider appropriate coercive steps. The precise order depends on the summons, procedural rules and circumstances.
Example 3 - Genuine inability: A witness cannot attend because of a documented medical emergency and informs the court. The court may consider that explanation rather than automatically issuing coercive process.
Frequently asked questions
What is Section 32 CPC?
It gives a civil court specified powers to compel attendance of a person summoned under Section 30 CPC, including arrest warrant, property attachment and sale, a limited fine, and security for appearance with civil imprisonment in default.
What is the maximum fine under Section 32(c)?
The statutory maximum is Rs 5,000 under clause (c), subject to any applicable legislative amendment.
Can a court arrest a witness for ignoring a summons?
Section 32(a) permits an arrest warrant, but the court must apply the governing conditions and procedural safeguards. Failure to attend does not automatically require arrest.
Does Section 32 apply to all civil-case defendants?
It concerns a person summoned under Section 30. Separate CPC provisions govern defendants' appearance, non-appearance and compliance with other procedural directions.
Can property be attached for failure to obey a witness summons?
Section 32(b) authorises attachment and sale of property for the specified purpose, subject to the CPC's procedural conditions.
What should a summoned person do if unable to appear?
Contact the issuing court through the prescribed process, give the reason for non-attendance and seek appropriate directions. Do not simply ignore a summons.
Official legal sources
Check the current text of the Code of Civil Procedure, 1908 and its First Schedule through India Code. The Legislative Department provides central legislation resources, and the Supreme Court of India provides access to judicial information and judgments. Also verify any applicable State amendments and local court rules.
General legal information only. The exact procedural response to a default depends on the summons, the court's jurisdiction, applicable amendments and the facts of the case.