Question
Four years ago, my brother was made a witness to an incident involving liquor possession by someone he knew. The police intimidated him into agreeing to be a witness. Now, they are asking him to testify in court. My brother doesn’t want to go and doesn’t understand legal procedures. Will there be any problem if he doesn’t appear in court as a witness?
Answer
Yes, there can be legal consequences if your brother refuses to testify in court after being listed as a witness. Here’s what to know:
- Legal Obligation to Testify:
Under the Code of Criminal Procedure, 1898, a witness has a legal duty to testify in court if summoned. Ignoring a court summons can lead to penalties, including fines or even arrest warrants for contempt of court. - Witness Protection:
If your brother feels intimidated or unsure about what to say, he can inform the court about the circumstances under which he was made a witness. The court may provide guidance or protection if he fears harassment or coercion. - Testifying Truthfully:
Your brother should testify truthfully about what he knows. If he was made a witness under duress, he can state this in court. The law does not compel him to lie or confirm anything he doesn’t know. - Legal Help:
Since your brother is unfamiliar with court procedures, hiring a lawyer can help him understand his rights and responsibilities. A lawyer can also help him present his side of the story clearly and confidently.