Code of Civil Procedure, 1908 | Order XVI
Order XVI Rule 19 CPC: Limits on Personal Attendance of Witnesses
Order 16 Rule 19 of the Code of Civil Procedure, 1908 regulates when a civil court may require a witness to attend in person. It sets territorial and distance limits, with a specific exception where air travel is available and the witness is paid the airfare.
Meaning and purpose of Order XVI Rule 19
Order XVI concerns the summoning and attendance of witnesses in civil suits. Rule 19 protects witnesses from being compelled to travel beyond prescribed limits merely to give evidence. The restriction concerns compulsory personal attendance; it does not make otherwise relevant evidence inadmissible or prevent the court from considering lawful alternative methods of recording testimony.
Text and explanation of the legal provision
Order XVI Rule 19 - No witness to be ordered to attend in person unless resident within certain limits.
No one shall be ordered to attend in person to give evidence unless he resides:
(a) within the local limits of the Court's ordinary jurisdiction; or
(b) outside those limits but at a place less than 100 kilometres from the court-house, or less than 500 kilometres where railway, steamer or other established public conveyance is available for five-sixths of the distance between the witness's residence and the court.
Proviso: Where air transport is available between the two places and the witness is paid the airfare, the witness may be ordered to attend in person.
This is a plain-language rendering of the central rule. For the authoritative statutory wording, see the official Code of Civil Procedure, 1908 (India Code PDF).
Distance limits under Rule 19
| Witness's residence or travel situation | Effect under the central rule |
|---|---|
| Within the court's ordinary territorial jurisdiction | The distance restriction in Rule 19 does not bar an order for personal attendance. |
| Outside jurisdiction, less than 100 km from the court-house | Personal attendance may be ordered, subject to other applicable rules. |
| Outside jurisdiction, less than 500 km, with established public transport for at least five-sixths of the journey | Personal attendance may be ordered under the extended-distance condition. |
| Beyond the applicable distance limit | Ordinarily cannot be compelled under the distance clauses; the airfare proviso may still apply. |
| Air transport available and airfare paid to witness | The proviso permits an order for personal attendance notwithstanding the ordinary distance restrictions. |
The statutory expressions are less than 100 kilometres and less than 500 kilometres. The rule does not state that the ordinary limits include exactly 100 or 500 kilometres.
Air travel exception
The proviso allows the court to order personal attendance where air transport is available between the relevant places and the witness is paid the fare by air. It is not an automatic obligation on every distant witness: the court must still make an appropriate order, and applicable procedural requirements must be followed.
Examination by commission and other alternatives
When a witness cannot properly be compelled to travel, the court may consider examining the witness on commission under Section 75 CPC read with Order XXVI, particularly Rule 4 where applicable. Whether a commission is appropriate depends on the circumstances and the court's directions. Other legally permitted methods of recording evidence may also be considered under applicable court rules.
See the official CPC text for Section 75 and Order XXVI.
Practical considerations when seeking witness summons
- Identify the witness's usual residence and the location of the court-house.
- Establish whether the witness is within the court's ordinary territorial jurisdiction.
- If outside it, assess the applicable distance and the availability of established public conveyance for five-sixths of the route.
- If relying on the air-travel proviso, address availability of air transport and payment of airfare.
- If personal attendance cannot be compelled, consider an application for examination by commission or another permitted arrangement.
- Check relevant High Court rules, local amendments and case-specific judicial directions before proceeding.
Related CPC provisions
Order XVI Rule 1: Witness lists and summons applications. Order XVI Rule 2: Expenses of witnesses. Order XVI Rule 15: Duty of persons summoned to give evidence or produce documents. Order XVI Rule 18: Procedure when an apprehended witness cannot give evidence or produce a document. Order XVI Rule 20: Consequences of refusal by a party to give evidence when called upon by the court. Section 75 and Order XXVI: Powers and procedures relating to commissions.
Frequently asked questions
Can a civil court summon a witness living more than 100 km away?
Yes, in appropriate circumstances. Where established public transport covers at least five-sixths of the journey, the central rule allows compulsory personal attendance from outside the court's jurisdiction at a distance of less than 500 km. The airfare proviso is a separate exception.
Does the 500 km limit apply in every case?
No. It depends on the specified public transport condition and the witness being outside the court's ordinary jurisdiction. The airfare proviso can operate separately.
Can a distant witness's evidence still be recorded?
Yes. The court may consider examination by commission under the applicable CPC provisions, subject to its orders and procedural requirements.
Do local amendments matter?
Yes. State or High Court amendments and applicable court rules should be checked for the particular court. The explanation here primarily describes the central CPC provision.
Official legal source
India Code - The Code of Civil Procedure, 1908 (Act 5 of 1908). Consult the applicable updated legislation and local rules when acting in a particular case.
Legal information for general reference; it is not a substitute for advice on the facts of an individual case.