What to Do If You Are Called as a Witness in a Criminal Case in India

Your Legal Obligation as a Witness

If you receive a summons to appear as a witness in a criminal case, attendance is a legal obligation — not optional. Ignoring a court summons can result in: (1) a bailable warrant being issued for your arrest, (2) a non-bailable warrant if you repeatedly fail to appear, and (3) a fine or brief imprisonment for contempt. You must appear at the court on the date mentioned in the summons.

Your Rights as a Witness

• Right against self-incrimination (Article 20(3), Constitution) — you cannot be compelled to answer any question that would expose you to a criminal charge. If a specific question would incriminate you, you can state “I decline to answer on the ground that my answer may incriminate me.” The court will decide whether to compel the answer or excuse it.
• Right to have a lawyer present — while witnesses are not represented in the same way as accused persons, you can consult a lawyer before testifying, especially if there is any risk to you personally from the testimony.
• Right to reimbursement — courts can award witnesses travelling expenses and allowances for appearing.
• Witness protection rights — in serious criminal cases, you may be entitled to protection under the Witness Protection Scheme 2018.

What Happens During Your Testimony

1. Examination-in-Chief — the party who called you (prosecution or defence) asks you questions first. You tell your account of events.
2. Cross-examination — the opposing lawyer questions you to test your credibility, identify inconsistencies, or draw out facts favourable to their client. Cross-examination can be intense but the judge controls the boundaries. Leading questions are permitted.
3. Re-examination — the party who called you can ask clarifying questions after cross-examination.

What Is a Hostile Witness?

If you are a prosecution witness but give testimony that contradicts or does not support what you told the police during investigation (your S.161 BNSS statement), the prosecution can ask the court to declare you a “hostile witness” under S.137 of the Bharatiya Sakshya Adhiniyam (BSA), 2023. Once declared hostile, the prosecution can cross-examine you and confront you with your earlier police statement. Giving contradictory testimony to help the accused can expose you to perjury charges.

Perjury — The Risk of Giving False Testimony

Giving deliberately false evidence in a judicial proceeding is perjury under Section 229 BNS (formerly S.191 IPC), punishable with up to 7 years imprisonment. If you are asked to give false testimony — by either the prosecution or defence — consult a lawyer immediately. You have the right to refuse to lie in court; no one can legally compel you to commit perjury.

Witness Protection in Maharashtra

The Witness Protection Scheme, 2018 (approved by the Supreme Court) provides protection to witnesses in serious criminal cases — murder, organised crime, terrorism, POCSO. If you are threatened because of your anticipated testimony, apply to the court for witness protection. The court can direct police protection, identity concealment, or in-camera testimony.

Frequently Asked Questions

Can I refuse to appear as a witness if I fear for my safety?

You cannot simply refuse to appear — the legal obligation to testify exists regardless of your fear. However, if you genuinely fear retaliation, you can: (1) apply for witness protection; (2) request in-camera testimony (testimony in a closed court); (3) request identity protection. Courts take witness safety seriously. Consult a lawyer before your appearance to ensure appropriate protections are in place.

What if I am a witness but also have relevant information about another crime?

You can report the additional information to the police separately. In court, you are only required to answer questions relevant to the case at hand. You are not obligated to volunteer information beyond what you are asked, though deliberately concealing material information when directly asked can have consequences. Consult a lawyer on how to handle such situations.

Can I be cross-examined on my previous criminal record?

Yes. Under the Bharatiya Sakshya Adhiniyam (BSA), a witness can be cross-examined on matters affecting their credibility, including previous convictions. However, the questioning must be limited to what is relevant to credibility — it cannot be used to simply embarrass the witness. The judge has discretion to disallow irrelevant or harassing questions during cross-examination.

If you have been summoned as a witness in a criminal case in Pune and need legal guidance before appearing in court, contact Advocate Akash Chikate for a confidential pre-testimony consultation.