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What Happens if You Fail to Attend Court as a Witness?

Question

I signed a blank piece of paper for the drug case and was later made a witness. Today, at the request of the accused, I went to testify, but none of them met me. This was the second hearing, and the court hasn’t sent me a notice to testify. If I don’t attend the next hearing, will the accused be punished, and will there be a case against me? How much jail or fine could I face?

Answer

In Bangladesh, failing to attend court as a witness, especially when you have been legally called to testify, can have serious consequences. Here’s a breakdown of the legal implications:

  1. Legal Obligation to Attend:
    • As a witness, you have a legal duty to attend court when summoned, even if the accused requests your presence. The court may issue a summons to you to appear as a witness, and failing to attend without a valid reason could be considered contempt of court.
    • If you haven’t received an official notice, it is still important to check with the court or your lawyer, as the process might differ depending on the case.
  2. Consequences for Not Attending Court:
    • If you fail to appear without a valid excuse, you could face a penalty under Section 175 of the Bangladesh Penal Code, which pertains to the non-attendance of witnesses. This could include:
      • Fines: A fine of up to 1,000 Taka.
      • Imprisonment: Up to 6 months imprisonment, or both fine and imprisonment, depending on the court’s discretion.
    • Additionally, if your failure to appear causes delays in the trial, the accused may suffer consequences, and the court could issue an arrest warrant against you to compel attendance.
  3. What to Do Now:
    • Consult a Lawyer: If you were not formally summoned, it is important to consult a lawyer to clarify the situation.
    • Request a Formal Notice: Ensure that the court sends you an official notice before the next hearing to avoid misunderstandings.
  4. Possible Defenses:
    • If you were not officially summoned or had a valid reason for not attending, the court may be lenient, but you must communicate this to the authorities in advance.
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