CrPC Section 65
Section 65 of the Criminal Procedure Code (CrPC), 1973 – Attendance of Witnesses Sent Beyond Local Limits
Text of the Section:
“When a witness in any case is about to be sent beyond the local limits of the jurisdiction of the Court before which the case is pending, for the purpose of being examined as a witness in that case, the Court may direct that a summons be issued to him to attend the Court at the time and place where he is to be examined; and if the witness fails to attend in obedience to such summons, the Court may, if it thinks fit, issue a warrant for his arrest and bring him before the Court.”
Detailed Explanation:
1. Introduction:
Section 65 of the CrPC deals with the procedure to secure the attendance of a witness who is about to be sent outside the local jurisdiction of the court where the criminal case is pending. It provides the court with the power to summon the witness and, if necessary, to order their arrest to ensure their attendance.
2. Purpose:
To ensure that witnesses required for a criminal case are available for examination even if they are sent outside the court’s territorial jurisdiction.
To prevent witnesses from avoiding court attendance by moving beyond the court’s local limits.
To maintain the integrity of the judicial process by securing necessary evidence.
3. Key Provisions:
When a witness is to be sent outside the local limits of the court's jurisdiction for examination, the court may issue a summons to that witness.
The summons specifies the time and place where the witness is to attend for examination.
If the witness does not comply without a valid reason, the court may issue a warrant for arrest to compel attendance.
The warrant allows the court to bring the witness forcibly before the court.
4. Importance:
Ensures witnesses do not escape or evade the court’s jurisdiction.
Facilitates examination of witnesses located outside the court’s immediate area.
Helps in the efficient conduct of the trial by ensuring key witnesses are present.
5. Practical Implications:
If a witness is in another district or state but needs to be examined by the court, this provision allows the court to summon and compel attendance.
Failure to attend in response to summons can result in the witness being arrested.
Protects the rights of parties in a trial to have all relevant evidence.
6. Related Provisions:
Sections 35 and 87 of the CrPC also deal with summoning witnesses and enforcing attendance.
Section 165 allows the court to summon any person whose evidence appears necessary.
7. Judicial Interpretation:
Courts treat this section as an important tool to ensure the attendance of witnesses who might otherwise avoid appearing.
Arrest of a witness under this section is remedial and not punitive.
Conclusion:
Section 65 of the CrPC empowers the court to issue summons and, if necessary, warrants for the arrest of witnesses who are about to be sent beyond the local jurisdiction of the court for examination. This provision safeguards the judicial process by ensuring that vital witnesses cannot evade attendance and that justice is served efficiently.
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