Code
(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
Explanation
This section empowers the court to take action against a witness who fails to attend court despite being summoned. The court has two options:
- Proceed summarily: This means the court can decide the case without the witness’s testimony. This option is usually exercised in cases where the witness’s testimony is not crucial to the case.
- Issue a warrant for arrest: The court can issue an arrest warrant for the witness, forcing them to appear in court.
The court must be satisfied that the witness has no sufficient cause for not attending. If the witness has a valid reason, such as illness or an emergency, the court will not take action under Section 350.
3. Illustration
Imagine a case where a witness is summoned to testify in a theft case. Despite receiving the summons, the witness fails to appear in court. The court, upon verifying that the witness has no valid reason for their absence, may decide to proceed summarily with the case. Alternatively, the court may issue a warrant for the witness’s arrest.
4. Common Questions and Answers
Q: Can the court proceed summarily without issuing a warrant for arrest?
A: Yes, the court has the discretion to choose either option – proceeding summarily or issuing an arrest warrant.
Q: What if the witness has a valid reason for not attending?
A: If the witness can prove a valid reason, such as illness or an emergency, the court will not take action under Section 350.
Q: What are the consequences of proceeding summarily?
A: The court may decide the case based on the available evidence, which may include the witness’s previous statement or other evidence presented by the parties.
