Code of Civil Procedure, 1908 | Order XVI
Order XVI Rule 4 CPC - Procedure Where Witness Expenses Are Insufficient
Order XVI Rule 4 of the Code of Civil Procedure, 1908 (CPC) empowers a civil court to require additional money for a summoned witness when the original deposit is insufficient. It also addresses the expenses of a witness whose attendance is required for more than one day.
What does Order XVI Rule 4 provide?
The rule forms part of Order XVI, titled Summoning and Attendance of Witnesses, in the First Schedule to the CPC. It has two sub-rules: the first concerns a shortfall in the original deposit; the second concerns expenses for attendance extending beyond one day.
Rule 4(1) - Additional payment when the deposit is insufficient
If the court, or an officer appointed by it, finds that the amount paid into court does not cover the witness's expenses or reasonable remuneration, the court may direct payment of a further sum considered necessary to the person summoned.
If the party who obtained the summons defaults, the court may order the amount to be recovered by attachment and sale of that party's movable property. Alternatively, it may discharge the summoned person without requiring evidence, or take both steps.
Rule 4(2) - Expenses when a witness is detained for more than one day
When it is necessary for a summoned witness to remain in attendance for longer than one day, the court may from time to time direct the party at whose instance the witness was summoned to deposit enough money to cover expenses for the further period.
In case of non-payment, the court may recover the required amount by attachment and sale of the party's movable property, discharge the witness without requiring evidence, or order both measures.
How does the rule work in practice?
Assessment of additional expenses
The court determines whether the existing amount is adequate, taking account of the expenses or reasonable remuneration involved. The rule does not itself prescribe a fixed rupee amount for every witness.
Direction to pay
The court may require the party responsible for obtaining the summons to provide the additional amount. For attendance beyond the first day, further deposits may be ordered as needed.
Consequences of default
The court has a choice of measures under the rule. Attachment and sale of movable property is a statutory recovery mechanism, while discharge means the witness need not give evidence under that summons. These consequences are not automatic in every case.
Related provisions under Order XVI CPC
Rule 1 deals with witness lists and summons applications. Rule 2 provides for the initial payment of witness expenses and expert remuneration. Rule 3 concerns tender of the deposited amount to the witness when the summons is personally served. Rule 5 deals with particulars of attendance in the summons.
State amendments and court rules
Local amendments, High Court rules and practice directions can affect the treatment and scale of witness expenses, including special provisions for public servants. The applicable rules of the court and State or Union Territory should therefore be checked before relying on a particular payment procedure.
Official legal source
Read the Code of Civil Procedure, 1908 on India Code or consult the official CPC text (PDF). Refer to the First Schedule, Order XVI, Rule 4, and verify any applicable local amendments.
Frequently asked questions
Who pays additional expenses of a summoned witness?
Under Rule 4(1), the party obtaining the summons may be directed to pay the shortfall. Under Rule 4(2), the party at whose instance the witness was summoned may be ordered to deposit expenses for extended attendance.
Can the court discharge a witness if additional expenses are not paid?
Yes. Rule 4 permits the court to discharge the summoned person without requiring evidence in the circumstances specified in the rule.
Can the court recover unpaid witness expenses?
Yes. The court may order recovery through attachment and sale of the defaulting party's movable property, subject to the rule and applicable procedure.
This article explains the general central CPC provision. For a particular proceeding, consult the current text and relevant High Court rules.