Section 32 equips civil courts with coercive powers to compel the attendance of any person to whom a summons has been issued under Section 31, including arrest, property attachment, and imposition of fines.
Four Coercive Statutory Powers: The court may compel the attendance of any person to whom a summons has been issued: (a) issue a warrant for his arrest, (b) attach and sell his property, (c) impose a fine upon him not exceeding ₹5,000, and (d) order him to furnish security for his appearance and in default commit him to the civil prison.
Prerequisite of Valid Service: Coercive process can be issued only if the court is satisfied that the witness was duly served and failed to attend without lawful excuse.
Deterrence Against Evading Witnesses: Enforces the sovereign power of civil courts to command evidence in the interest of justice.
Key Landmark Precedents:
Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: The Supreme Court noted that the fine limit under Section 32(c) was enhanced by the 2002 amendments to ₹5,000 to deter vital witnesses from willfully avoiding court summons.
Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294: Affirmed that courts possess inherent sovereign powers to compel evidence under Section 32 to uncover the truth.
Courtroom Practice & Strategic Litigation Guidance:
If a summoned material witness fails to appear on the appointed date despite proof of service, move an application under Section 32(a)/(c) praying for bailable warrants of arrest and imposition of a statutory fine.
Legal Commentary & Landmark Judgments: Section 32
Section 32 equips civil courts with coercive powers to compel the attendance of any person to whom a summons has been issued under Section 31, including arrest, property attachment, and imposition of fines.
If a summoned material witness fails to appear on the appointed date despite proof of service, move an application under Section 32(a)/(c) praying for bailable warrants of arrest and imposition of a statutory fine.