The Code of Civil Procedure, 1908
THE FIRST SCHEDULE
ORDER XVI: SUMMONING AND ATTENDANCE OF WITNESSES
Rule 19: No witness to be ordered to attend in person unless resident within certain limits.
Bare Act
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) without such limits but at a place less than one hundred or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than five hundred kilometres distance from the court-house:
Provided that where transport by air is available between the two places mentioned in this rule and the witness is paid the fare by air, he may be ordered to attend in person.
Simplified Act
No one will be required to show up in person to give evidence unless they live:
- (a) within the area where the Court usually operates, or
- (b) outside that area but less than 100 kilometers away, or if there is a train, boat, or other public transport for most of the distance, less than 500 kilometers away from the courthouse.
However, if there is an option to travel by air between the two places and the witness is given the airfare, they can be required to attend in person.
Explanation using examples
Example 1:
Ravi lives in Mumbai and is a key witness in a civil case being heard in the Mumbai City Civil Court. Since Ravi resides within the local limits of the court's ordinary jurisdiction, the court can order him to attend in person to give his testimony.
Example 2:
Priya lives in Pune, which is approximately 150 kilometers away from Mumbai. She is a crucial witness in a case being heard in the Mumbai City Civil Court. Since Pune is less than 500 kilometers away from Mumbai and there is established public conveyance (train and bus services) between Pune and Mumbai, the court can order Priya to attend in person to give her testimony.
Example 3:
Amit lives in Delhi and is a witness in a case being heard in the Chennai High Court. Delhi is more than 500 kilometers away from Chennai, and there is no direct public conveyance covering five-sixths of the distance. However, since there are regular flights between Delhi and Chennai, and if Amit is paid the airfare, the court can order him to attend in person to give his testimony.
Example 4:
Sunita lives in a remote village in Rajasthan, which is 600 kilometers away from Jaipur, where a civil case is being heard. There is no railway or steamer communication or other established public conveyance covering five-sixths of the distance. In this scenario, the court cannot order Sunita to attend in person to give her testimony. Instead, her testimony may be taken through other means such as a written affidavit or video conferencing.
