Section 101: Party to cause attendance of witness

1) The concerned party shall cause the attendance of any witness of each case filed in the court on the day appointed by the court.

2) Notwithstanding anything contained in sub-section (1), if, in any specific case in which the defendants are in attendance at the time when the case is filed, the plaintiff or the defendant or both may produce their respective evidence of witness before the court at the time of filing of the case.

3) In producing a witness pursuant to sub-section (1) or (2), the concerned investigating authority or his or her office shall produce the witness of prosecution in any case under Schedule-1 or Schedule-2, through the government attorney office.

4) The evidence of a witness who fails to appear on the date appointed for appearance for the examination of witness pursuant to sub-section (1) shall not be taken into the case.

Provided that if the witness fails to appear owing to a force majeure event and the party makes a petition setting out the matter, the court may appoint another date for appearance for the examination of such witness.

5) If the process of examination of witness has not begun by the reason that all defendants to any case set forth in Schedule-1 or Schedule-2 of this Act are not present, any party may, showing that the production of witnesses cannot be enforced subsequently if they are not produced immediately, request that such witnesses be produced immediately and their depositions recorded.

6) If a request is made pursuant to sub-section (5) and such reason is reasonable, the court may, assigning the reasons for the same, take deposition of such witness immediately.

7) The party and opposite party to a case in attendance shall be allowed to make cross-examination of the deposition made by the witness pursuant to sub-section (6), and if there does not exist such situation, the party in attendance subsequently may make rebuttal subsequently only to the extent of the contents of the deposition.