Code of Civil Procedure • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 31 of Code of Civil Procedure: Summons to witness
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.
Legal Commentary & Landmark Judgments: Section 31
Section 31 provides that the statutory rules regarding summons to a defendant under Sections 27, 28, and 29 shall apply equally to summons to witness to give evidence or produce documents.
Summons to Witness Integration: The provisions in Sections 27, 28, and 29 shall apply to summonses to give evidence or to produce documents or other material objects.
Service Mechanisms: Witness summons served via personal delivery, registered speed post, authorized courier, or electronic means under Order 16 CPC.
Inter-District & Out-of-State Service: Witnesses residing in other districts or states are served through the transmitting civil court under Section 28.
Key Landmark Precedents:
Kailash v. Nanhku, (2005) 4 SCC 480: The Supreme Court noted that Section 31 ensures that witness process is executed with the same formal authority as defendant summons to prevent trial disruption.
Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Affirmed that modern electronic modes of service apply to witness summons under Section 31.
Courtroom Practice & Strategic Litigation Guidance:
When summoning bank managers or revenue officers, file process fee challans alongside verified witness diet allowances under Order 16 Rule 2 to ensure timely service under Section 31.
Legal Commentary & Landmark Judgments: Section 31
Section 31 provides that the statutory rules regarding summons to a defendant under Sections 27, 28, and 29 shall apply equally to summons to witness to give evidence or produce documents.
When summoning bank managers or revenue officers, file process fee challans alongside verified witness diet allowances under Order 16 Rule 2 to ensure timely service under Section 31.