Order XVI Rule 3 CPC: Tender of Expenses to Witness

Order XVI Rule 3 CPC - Statutory Text

This is the central provision in the First Schedule to the Code of Civil Procedure, 1908. The wording above reflects the central rule; applicable High Court amendments and local procedural rules should also be checked.

Meaning and Purpose of Order 16 Rule 3

The expression “sum so paid into Court” refers to witness expenses deposited under Order XVI Rule 2. The expression “tendered” means offered for payment to the summoned person. “At the time of serving the summons” identifies when that offer is to be made, provided the summons can be served personally.

The rule helps ensure that a witness personally served with a court summons is offered the expenses set aside for attending court, rather than being left to bear the initial financial burden without that offer.

The qualification “if it can be served personally” is important: Rule 3 expressly addresses the tender accompanying personal service. It does not, by itself, set out the complete procedure for every alternative method of service.

How Tender of Witness Expenses Works

1. Request for summons: A party applies to summon a witness in accordance with Order XVI Rule 1.
2. Deposit of expenses: Under Rule 2, the party ordinarily deposits the amount fixed by the court for travel, other expenses and one day's attendance, subject to the applicable procedural provisions.
3. Personal service: Where the summons is personally served, Rule 3 requires that the deposited sum be tendered to the witness at the time of service.
4. Additional expenses: If the amount is insufficient, Rule 4 provides a mechanism for the court to require further payment.

Related Provisions of Order XVI CPC

Rule 1 - List of witnesses and summons

Sets out the witness-list and application framework for summoning persons to give evidence or produce documents.

Rule 2 - Expenses of witnesses

Requires the applicant for summons to pay the court-determined amount for specified witness expenses; it also addresses expert remuneration, applicable expense scales and direct payment on party service.

Rule 4 - Insufficient amount deposited

Allows the court to require additional sums when the deposited amount does not cover the relevant expenses or reasonable remuneration, and provides consequences for non-payment.

Rules 5, 8 and 9 - Summons and service

Deal respectively with particulars of attendance stated in the summons, the manner of service, and the timing of service. These rules should be read with Rule 3 when arranging witness attendance.

For the wider framework, see the Code of Civil Procedure guide.

Frequently Asked Questions

When must witness expenses be tendered under Rule 3?

When a summons can be served personally, the amount deposited in court must be offered to the summoned witness at the time of service.

Who initially deposits witness expenses?

Ordinarily, the party applying for the witness summons deposits the amount determined by the court under Order XVI Rule 2. Direct party service is addressed separately in Rule 2(4).

What if the deposited amount is inadequate?

Order XVI Rule 4 empowers the court to direct further payment and provides measures in case of default, depending on the circumstances.

Are there local variations?

Yes. High Court amendments and rules may affect witness expenses or procedures in particular jurisdictions. Consult the rules applicable to the court hearing the matter.

Official Source and Legal Reference

Read the Code of Civil Procedure, 1908 (official India Code PDF), particularly the First Schedule, Order XVI, Rules 1 to 4. The India Code legislation record provides the central Act reference.

Updated: 13 October 2026. This article provides general legal information. Court-specific amendments and procedural directions may apply.