CrPC Section 287
Section 287 CrPC: Power to Summon Material Witness
Text of Section 287:
Power to summon material witness, and examine him on commission.
(1) Whenever any Court or officer empowered to investigate any offence is of opinion that the attendance of any person as a witness before it is necessary for the purpose of any investigation or inquiry or trial, it may summon such person and examine him on oath or affirmation, and such person shall attend accordingly.(2) Any such Court or officer may examine such person on commission and, if it thinks fit, may examine him in private.
(3) The expenses incurred by any person in attending or in going to and returning from the Court or place at which he is to be examined shall be paid to him by the Court or officer summoning him.
(4) Any person summoned under this section shall be entitled to the same privileges and shall be liable to the same penalties as a witness summoned to give evidence in a trial before a Court.
Detailed Explanation
1. Purpose of Section 287
The main objective of Section 287 CrPC is to empower the Court or investigating officer to summon a material witness — a person whose testimony is important or necessary for the investigation, inquiry, or trial of a criminal case. This section ensures that relevant witnesses attend and provide evidence which might be crucial to establishing the truth.
2. Who can summon the witness?
The Court (trial Court or any Court conducting inquiry/investigation).
The officer empowered to investigate the offence (usually a police officer or any other authorized person).
They must be convinced that the attendance of the witness is necessary for the proceedings.
3. Summoning the witness
Once it is decided that a witness’s presence is essential, a summons can be issued requiring that person to appear before the Court or officer.
The witness can be examined on oath or affirmation.
The witness is bound to attend as per the summons.
4. Examination on commission
The Court or officer may examine the witness on commission.
This means the witness can be examined outside the Court or place of trial, and their evidence recorded officially to be used later.
Examination can also be conducted in private if the Court thinks fit, for reasons such as witness safety or privacy.
5. Expenses
Any expenses incurred by the witness in attending the Court or the place of examination, including travel, must be paid by the Court or officer summoning the witness.
This provision encourages witnesses to appear without bearing financial burden.
6. Rights and liabilities of the witness
The witness summoned under Section 287 CrPC has the same privileges and liabilities as a witness summoned for giving evidence in a trial.
This means:
The witness is protected from self-incrimination to the extent provided by law.
The witness can be penalized for refusal to attend or for giving false evidence.
The witness is entitled to the privileges like exemption from arrest in civil cases during attendance.
Importance of Section 287
It ensures presence of essential witnesses so that justice is not defeated due to non-appearance.
Prevents delays in investigation or trial caused by absence of important witnesses.
Provides a legal mechanism for compelling attendance and examination of witnesses.
It balances the rights of the witness by providing for payment of expenses and maintaining privileges.
Summary
| Aspect | Explanation |
|---|---|
| Purpose | To summon material witnesses necessary for investigation/trial. |
| Authority | Court or officer empowered to investigate. |
| Method | Summon witness to appear and give evidence under oath. |
| Examination | Can be on commission or in private if necessary. |
| Expenses | Paid by the summoning Court or officer. |
| Rights & Liabilities | Same as trial witnesses — including protection and penalties. |
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