Order XVI Rule 15 CPC - Duty of Witnesses to Attend or Produce Documents
Order XVI Rule 15 of the Code of Civil Procedure, 1908 (CPC) sets out the duty of a person summoned by a civil court to give evidence or produce a document. It distinguishes between a summons requiring personal testimony and a summons requiring only the production of documents.
Text of Order XVI Rule 15 CPC
15. Duty of persons summoned to give evidence or produce document
Subject as last aforesaid, whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to produce it, or cause it to be produced, at such time and place.
Source: Code of Civil Procedure, 1908 - official India Code PDF.
Meaning and scope of Rule 15
The rule creates two related but distinct obligations. A person summoned to give evidence must attend at the time and place stated in the summons. A person summoned to produce a document may comply either by attending with the document or by arranging for the document to be produced at the specified time and place, subject to the terms of the summons and applicable law.
The opening words, "Subject as last aforesaid," preserve the operation of the preceding provisions and other applicable procedural requirements. Rule 15 must therefore be read with the surrounding rules on witness summons, attendance, production and lawful excuses.
Summons for evidence versus summons for documents
| Type of summons | Duty under Rule 15 |
|---|---|
| To give oral evidence | Attend personally at the specified time and place, subject to applicable legal exceptions and court directions. |
| To produce a document only | Attend with the document or cause it to be produced at the specified time and place. |
| To give evidence and produce a document | Comply with both requirements; merely sending the document does not ordinarily satisfy the obligation to give evidence. |
Order XVI Rule 6 expressly recognises that a person summoned merely to produce a document need not personally attend if the document is caused to be produced.
Practical guidance for a person receiving a civil court summons
- Read the summons carefully to identify whether it requires testimony, document production or both.
- Check the date, time, court location and the documents specified.
- If only document production is required, arrange timely and verifiable production in accordance with the court's directions.
- If attendance is impossible or an objection or privilege applies, seek appropriate directions from the court rather than ignoring the summons.
- Preserve proof of compliance and follow any further directions given by the court.
Document production remains subject to applicable rules on admissibility, privilege, confidentiality and the court's authority to determine objections.
Frequently asked questions
Is personal attendance mandatory under Order XVI Rule 15 CPC?
It is generally required where the summons calls the person to give evidence, subject to applicable exceptions and court orders. A summons solely for document production may be satisfied by causing the document to be produced.
Can a witness send a document instead of appearing?
Yes, where the summons requires only document production and the applicable procedural requirements are satisfied. Sending a document does not automatically replace attendance when oral evidence is also required.
What happens if a person ignores a witness summons?
The court may consider measures under Order XVI Rules 10 to 12 after the applicable statutory requirements are met. The consequences depend on the circumstances, including service and any lawful excuse.
Legal information only. Court-specific rules, amendments and orders may affect the procedure in an individual case.