Usually, if a witness does not attend the court in spite of summons issued by the court, warrant can be issued for ensuring his or her presence. Generally, initially a bailable warrant is issued, and if the need arises, subsequently, even a non-bailable warrant can be issued by the court. In your case, a bailable warrant has already been issued. If the complainant still does not attend the court, you can request the court on the next date to issue a non-bailable warrant against her.
If, ultimately, she fails to attend the court, then her evidence will remain incomplete since in the absence of cross-examination, her examination-in-chief would not be read in evidence. In such a situation, it would be as good as if she was never examined in the court. It will ultimately be helpful to you, since if the complainant herself is not appearing in the court, the chances of your acquittal would increase drastically, especially in a case of Section 498-A IPC, which is of a personal nature.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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