Wednesday, 6 January 2021

Section 32: Penalty for default

Code of Civil Procedure Section 31. Summons to witness.

 

32. Penalty for default.—The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may—

(a) issue a warrant for his arrest;

(b) attach and sell his property;

(c) impose a fine upon him 1[not exceeding five thousand rupees];

(d) order him to furnish security for his appearance and in default commit him to the civil prison.

Note 1: Subs. by Act 46 of 1999, s. 4, for certain words (w.e.f. 1-7-2002).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 33. Judgment and decree.

Simplified explanation:

Section 32 requires penalty for default of not appearing in the Court by the witness. Earlier, the Court had a power to impose a fine not exceeding five hundred rupees. By Amendment Act, 1999, the amount had been enhanced to five thousand rupees.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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