Code of Civil Procedure, 1908 | Order XVI
Order XVI Rule 18 CPC: Procedure When an Arrested Witness Cannot Give Evidence or Produce a Document
Order 16 Rule 18 of the Code of Civil Procedure, 1908 (CPC), governs a specific situation: a witness has been brought to court in custody under a warrant, but cannot give evidence or produce the summoned document because one or more parties are absent. The rule enables the court to secure the witness's future attendance.
Text of Order XVI Rule 18 CPC
Rule 18 — Procedure where witness apprehended cannot give evidence or produce document.
Where any person arrested under a warrant is brought before the Court in custody and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has been summoned to give or produce, the court may require him to give reasonable bail or other security for his appearance at such time and place as it thinks fit, and, on such bail or security being given, may release him, and, in default of his giving such bail or security, may order him to be detained in the civil prison.
Official source: Code of Civil Procedure, 1908 (India Code, official PDF).
Meaning and scope of Rule 18
The provision concerns a person who has already been arrested under a warrant for securing attendance in a civil proceeding and produced before the court. It does not itself authorize the initial issue of the warrant; the relevant process for non-compliance with a witness summons is addressed elsewhere in Order XVI, particularly Rule 10.
When does Order 16 Rule 18 apply?
- A person has been arrested under a warrant and brought before the court in custody.
- The person was summoned to give evidence or produce a document.
- The evidence cannot be recorded, or the document cannot be produced for the intended purpose, owing to the absence of a party or parties.
The inability to proceed must arise from the absence contemplated by the rule, rather than simply from an unwillingness of the witness to cooperate.
Powers of the court under Rule 18
1. Require reasonable bail or other security
The court may require reasonable bail or another form of security to ensure that the witness appears at the time and place specified by the court. The word reasonable limits the nature of the security sought, and the rule leaves the court discretion to determine appropriate terms.
2. Release the witness on furnishing security
If the witness furnishes the required bail or security, the court may release the witness, subject to the obligation to attend at the appointed time and place.
3. Order detention in civil prison on default
If the witness does not furnish the required bail or security, the rule empowers the court to order detention in a civil prison. This is a civil procedural measure for securing attendance, not a criminal conviction or punishment under Rule 18.
Related provisions of Order XVI CPC
Rule 10 deals with the procedure when a witness fails to comply with a summons. Rule 15 explains the duty of summoned persons to give evidence or produce documents. Rule 16 concerns continued attendance and security, while Rule 17 extends certain rules to a witness who departs without lawful excuse. Rule 19 addresses geographical limits on compelling personal attendance.
Illustration
Suppose a summoned witness is brought before a civil court under a warrant, but a necessary party is absent and the court cannot record the witness's evidence that day. The court may direct the witness to furnish reasonable security for attendance on a later date and may release the witness once that security is given. If security is not furnished, the court may make an order under Rule 18 for detention in civil prison.
Frequently asked questions
Does Rule 18 permit arrest merely because a party is absent?
No. Rule 18 applies after the witness has been arrested under a warrant and produced in custody. It addresses what the court may do when the witness cannot be examined or produce the document because of the absence of one or more parties.
Is release automatic when security is furnished?
The rule says the court may release the witness on furnishing bail or other security; its language confers discretion rather than stating an unconditional entitlement.
Does Rule 18 apply to criminal trials?
It is a provision of the CPC governing civil procedure. Criminal proceedings are governed by their applicable procedural law.
Legal note: The explanation reflects the central CPC provision. Local amendments, High Court rules and orders applicable to the particular court should also be checked.