CrPC Section 216
CrPC Section 216 empowers courts to summon witnesses and examine them to ensure fair trial proceedings.
CrPC Section 216 authorizes courts to summon any person as a witness or to produce documents relevant to a case. This power is crucial for uncovering facts and ensuring justice is served through proper evidence collection. Understanding this section helps citizens and legal practitioners grasp how courts gather necessary testimony.
The section plays a procedural role by enabling courts to call witnesses or require document production during trials or inquiries. It ensures that all relevant evidence is available, supporting fair adjudication. Knowing this section aids in appreciating the court’s authority and the responsibilities of witnesses.
CrPC Section 216 – Exact Provision
This provision grants courts the authority to call witnesses or examine anyone present to obtain relevant testimony. It also allows courts to demand documents or items necessary for the case. This ensures comprehensive fact-finding and supports the court’s duty to deliver justice based on full evidence.
Empowers courts to summon witnesses.
Allows examination of persons present in court.
Enables courts to require production of documents or things.
Applies to inquiries and trials.
Ensures relevant evidence is available for justice.
Explanation of CrPC Section 216
This section means courts can call anyone as a witness or ask for documents needed for the case. It helps courts gather all facts by questioning witnesses and reviewing evidence.
The court can summon or examine any person as a witness.
Affects witnesses, parties, and courts involved in trials or inquiries.
Triggered when evidence or testimony is needed for the case.
Court can require documents or items relevant to the matter.
Witnesses must comply with summons and examination.
Purpose and Rationale of CrPC Section 216
This section exists to ensure courts have the necessary tools to uncover truth by calling witnesses and demanding evidence. It protects fair trial rights by enabling thorough examination and prevents withholding of important information.
Protects the right to a fair trial through evidence gathering.
Ensures proper procedure in summoning and examining witnesses.
Balances court authority with witness obligations.
Prevents abuse by requiring relevance to the case.
When CrPC Section 216 Applies
The section applies whenever a court needs to summon witnesses or obtain documents during a trial or inquiry. It is used to ensure all relevant evidence is before the court for decision-making.
When evidence or testimony is necessary for trial or inquiry.
Court has authority to summon witnesses or require documents.
Applies to all criminal courts conducting trials or inquiries.
No fixed time limit but used as needed during proceedings.
Exceptions if witness immunity or privilege applies.
Cognizance under CrPC Section 216
Cognizance under this section occurs when the court identifies the need for witness testimony or document production. The court then issues summons or calls the witness for examination to collect relevant evidence. This is a procedural step during trial or inquiry.
Court recognizes necessity of witness or evidence.
Issues summons or calls witness present in court.
Examines witness or requires document production accordingly.
Bailability under CrPC Section 216
Section 216 itself does not deal with offences or arrest but relates to summoning witnesses. Therefore, bailability is not directly applicable here. However, witnesses summoned under this section must comply, and failure may lead to penalties.
Not related to bailable or non-bailable offences.
Witnesses must appear when summoned.
Non-compliance may attract legal consequences.
Triable By (Court Jurisdiction for CrPC Section 216)
Matters involving Section 216 arise during trials or inquiries conducted by criminal courts. Both Magistrate and Sessions Courts have jurisdiction to summon and examine witnesses under this provision as part of their proceedings.
Applicable in all criminal courts conducting trials or inquiries.
Magistrate Courts and Sessions Courts exercise this power.
Used throughout trial stages for evidence collection.
Appeal and Revision Path under CrPC Section 216
Decisions related to summons or examination under Section 216 can be challenged through appeals or revisions in higher courts. Typically, appeals lie to Sessions Courts or High Courts depending on the trial court’s level, ensuring judicial oversight.
Appeal to Sessions Court or High Court as applicable.
Revision petitions may be filed for procedural errors.
Timelines depend on nature of order and court rules.
Example of CrPC Section 216 in Practical Use
Person X is accused of theft. During trial, the court summons a neighbor who witnessed the incident to testify. The court also requires the production of CCTV footage from nearby shops. This helps establish facts and supports a fair judgment based on evidence.
The section enabled the court to gather crucial witness testimony.
Key takeaway: Courts use this power to ensure all relevant facts are heard.
Historical Relevance of CrPC Section 216
Section 216 has been part of the CrPC to empower courts in evidence collection. Over time, amendments have clarified the scope of summoning witnesses and requiring documents to adapt to evolving judicial needs.
Originally included to strengthen court’s fact-finding role.
Amendments expanded scope to include documents and things.
Modernized to support fair trial principles.
Modern Relevance of CrPC Section 216
In 2026, Section 216 remains vital as courts increasingly rely on diverse evidence types. It supports digital evidence and remote witness examination, aligning with modern justice delivery and protecting rights through procedural fairness.
Supports digital and electronic evidence gathering.
Enables remote or video witness examination.
Balances efficient trials with witness rights.
Related Sections to CrPC Section 216
Section 91 – Summons for production of documents
Section 160 – Police power to require attendance of witnesses
Section 311 – Power to summon or recall witnesses
Section 273 – Examination of witnesses
Section 164 – Recording of confessions and statements
Case References under CrPC Section 216
- State of Punjab v. Gurmit Singh (1996, AIR 1393)
– Courts have wide powers to summon witnesses to ensure justice.
- Ramesh Chander Kaushal v. Union of India (1964, AIR 1319)
– Summoning witnesses is essential for fair trial and evidence completeness.
- Ram Prasad v. State of Uttar Pradesh (1959, AIR 1017)
– Court’s discretion to summon witnesses must be exercised judiciously.
Key Facts Summary for CrPC Section 216
- Section:
216
- Title:
Summoning and Examining Witnesses
- Nature:
Procedural
- Applies To:
Courts, witnesses, parties
- Cognizance:
Court summons or examines witnesses as needed
- Bailability:
Not applicable
- Triable By:
Magistrate and Sessions Courts
Conclusion on CrPC Section 216
CrPC Section 216 is a fundamental procedural provision empowering courts to summon and examine witnesses and require documents. This ensures that trials and inquiries are based on complete and relevant evidence, promoting justice and fairness.
By understanding this section, citizens and legal professionals appreciate the court’s role in fact-finding and the importance of witness cooperation. It balances judicial authority with procedural safeguards, making it essential for effective criminal justice administration.
FAQs on CrPC Section 216
What power does CrPC Section 216 give to courts?
It allows courts to summon any person as a witness and require production of documents or things relevant to a case, ensuring all necessary evidence is available.
Who can be summoned under this section?
Any person who may provide relevant testimony or possess documents or items important to the inquiry or trial can be summoned as a witness.
Does Section 216 deal with arrest or bail?
No, this section relates only to summoning and examining witnesses and evidence, not arrest or bail procedures.
Can a witness refuse to appear if summoned under Section 216?
No, witnesses must comply with summons. Failure to appear without valid reason may lead to penalties or contempt of court.
Which courts exercise power under Section 216?
Both Magistrate and Sessions Courts have authority to summon and examine witnesses under this section during trials or inquiries.