Code of Civil Procedure, 1908 | Order XVI
Order XVI Rule 16 CPC - When Witnesses May Depart Court
Order XVI Rule 16 of the Code of Civil Procedure, 1908 (CPC), titled "When they may depart", governs the continuing attendance of summoned witnesses in a civil suit and the court's power to require security for their attendance at later hearings.
Text of Order XVI Rule 16 CPC
Rule 16 - When they may depart
(1) A person so summoned and attending shall, unless the Court otherwise directs, attend at each hearing until the suit has been disposed of.
(2) On the application of either party and the payment through the Court of all necessary expenses (if any), the Court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of and, in default of his furnishing such security, may order him to be detained in the civil prison.
Source: India Code - Code of Civil Procedure, 1908 (official PDF).
Meaning and explanation of Rule 16
1. Continuing obligation to attend - Rule 16(1)
A witness who has been summoned and attends court is ordinarily required to remain available for subsequent hearings until the suit is disposed of. The rule expressly allows the court to direct otherwise. A witness should therefore seek clear directions about whether further attendance is required rather than assume that attendance on one date automatically ends the obligation.
2. Security for future attendance - Rule 16(2)
On an application by either party, and subject to payment through the court of necessary expenses, if any, the court may require an attending summoned witness to furnish security to ensure attendance at the next hearing, another specified hearing, or until disposal of the suit. The power is discretionary: the rule does not require security in every case.
3. Consequence of failing to furnish security
If a witness does not furnish security required under Rule 16(2), the court may order detention in civil prison. This is a power expressly linked to failure to provide court-ordered security; it should not be described as automatic imprisonment merely because a witness asks to leave court.
Practical points for witnesses and parties
- For witnesses: Confirm with the court whether attendance is required on future dates and comply with any directions concerning security.
- For parties: A request for security under Rule 16(2) must be made to the court, with necessary witness expenses paid through the court where applicable.
- For the court: The provision permits directions about attendance and a discretionary requirement of security, depending on the circumstances.
Related provisions of Order XVI
Rule 15 addresses the duty of a person summoned to give evidence or produce a document. Rule 17 applies Rules 10 to 13, so far as applicable, where a summoned person attends but then departs without lawful excuse contrary to Rule 16. Rule 19 concerns territorial limits on compelling a witness to attend in person. These provisions should be read together when considering witness attendance and non-compliance.
Frequently asked questions
Can a witness leave after giving evidence?
The witness should follow the court's directions. Rule 16(1) provides for continued attendance unless the court directs otherwise.
Can the court require a witness to provide security?
Yes. Under Rule 16(2), on either party's application and payment through court of necessary expenses, if any, the court may require security for attendance at a future hearing or until disposal of the suit.
Is detention mandatory if security is not furnished?
No. Rule 16(2) uses the word "may", giving the court discretion to order detention in civil prison upon default in furnishing the required security.
Official statutory reference
For the text of the CPC and its First Schedule, consult the official India Code record or the official consolidated PDF.
This article is general legal information, not advice for a particular proceeding.