Order XVI Rule 2 CPC: Expenses of Witnesses on Applying for Summons
Order 16 Rule 2 of the Code of Civil Procedure, 1908 governs the expenses payable when a party asks a civil court to summon a witness. It covers advance payment, expert-witness remuneration, the applicable expense scale and payment when the party serves the summons directly.
Meaning and purpose of Order XVI Rule 2
The provision is part of Order XVI, titled Summoning and Attendance of Witnesses. Its purpose is to ensure that a person required to attend court is provided with sufficient travelling and related expenses and an allowance for one day's attendance. The court determines the amount; the rule does not prescribe one uniform nationwide rupee figure.
Order XVI Rule 2: Legal provisions explained
Sub-rule (1): Deposit of witness expenses
A party applying for a witness summons must, before the summons is granted, pay into court the amount the court considers sufficient for the witness's travel to and from the court, other relevant expenses and one day's attendance. The court fixes the payment period, which must not be later than seven days from the application under Rule 1(4).
Sub-rule (2): Remuneration of expert witnesses
Where a witness is summoned to provide expert evidence, the court may allow reasonable remuneration for time spent giving evidence and performing expert work necessary for the case. This is discretionary and depends on the work involved.
Sub-rule (3): Scale of expenses
For courts subordinate to a High Court, the amount must be fixed having regard to any applicable High Court rules concerning witness expenses. Local court rules and practice may affect the payable amount.
Sub-rule (4): Direct service by a party
If the summons is served directly by the party on the witness, the expenses described in sub-rule (1) must be paid to that witness by the party or the party's agent rather than following the ordinary court-deposit method for those expenses.
How witness expenses are handled in practice
First, the party seeking attendance applies for summons under Order XVI Rule 1, identifying the purpose for which the witness is needed. The court then fixes the witness expenses under Rule 2, taking account of travel, attendance and any expert remuneration. The applicant should comply with the court's payment direction within the applicable deadline.
Under Order XVI Rule 3, money deposited in court is to be tendered to the summoned person when the summons is personally served, where possible. If the deposit proves insufficient, Rule 4 empowers the court to direct further payment and provides consequences for default.
Important points for litigants
The seven-day limit concerns the period fixed for depositing witness expenses after the relevant summons application; it should not be confused with the separate requirements for filing witness lists or serving summons. The amount is determined by the court and may differ by witness, travel requirements, expert work and applicable court rules. Parties should retain evidence of deposits or direct payments and comply with specific directions of the court.
State amendments and local court rules
The central text of Order XVI Rule 2 must be read with amendments applicable in the state and the relevant High Court's rules. For example, the official consolidated CPC text records Uttar Pradesh provisions concerning government-servant witnesses. A litigant should verify the rules applicable to the court hearing the case before assuming the general deposit requirement applies without modification.
Official legal source
Read the Code of Civil Procedure, 1908 (India Code, official PDF), particularly the First Schedule, Order XVI, Rules 1 to 4. This page is an explanatory guide; the statutory text, applicable amendments and binding court directions govern individual proceedings.
Last reviewed: 13 October 2026. Legal information only; not a substitute for advice on a particular proceeding.