Section 87 of The Presidency Small Cause Courts Act, 1882
If any witness before the Small Cause Court refuses to answer such questions as are put to him, or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, the Court may sentence him to simple imprisonment, or commit him to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime such person consents to answer such questions or to produce such document, as the case may be, after which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 1[480 or section 482 of Code of Criminal Procedure, 18982 (5 of 1898)].
Summary
- Applies to witnesses before the Small Cause Court who refuse to answer questions or produce required documents without a reasonable excuse.
- Empowers the Court to sentence such a witness to simple imprisonment.
- Alternatively, allows the Court to commit the witness to the custody of an officer of the Court.
- Limits the term of imprisonment or custody to a maximum of seven days.
- Ends the custody or imprisonment early if the person consents to answer the questions or produce the document.
- Provides that if the witness continues to refuse after the term, they can be dealt with under section 480 or section 482 of the Code of Criminal Procedure, 1898.
Practical examples
FAQ
1. What can the court do under Section 87 of the Presidency Small Cause Courts Act, 1882 if a witness refuses to answer questions?
Under Section 87 of the Presidency Small Cause Courts Act, 1882, if a witness refuses to answer questions without a reasonable excuse, the court can sentence them to simple imprisonment, which is jail without hard labour, or put them in the custody of a court officer for up to seven days.
2. Can a witness be released early from custody under Section 87 of the Presidency Small Cause Courts Act, 1882?
Yes, under Section 87 of the Presidency Small Cause Courts Act, 1882, the witness will be released early if they consent to answer the questions or produce the requested document before their sentence ends.
3. What is the maximum jail term for a non-cooperative witness under Section 87 of the Presidency Small Cause Courts Act, 1882?
Under Section 87 of the Presidency Small Cause Courts Act, 1882, the maximum term for simple imprisonment or custody is seven days.
4. What happens if a witness still refuses to cooperate after the seven-day period under Section 87 of the Presidency Small Cause Courts Act, 1882?
Under Section 87 of the Presidency Small Cause Courts Act, 1882, if the witness persists in their refusal after the initial period, they can be dealt with under the provisions of section 480 or section 482 of the Code of Criminal Procedure, 1898.
Test yourself
Q1.Under Section 87 of the Presidency Small Cause Courts Act, 1882, what is the maximum duration for which a witness can be imprisoned for refusing to answer questions without a reasonable excuse?
Q2.What type of imprisonment can be awarded to a witness under Section 87 of the Presidency Small Cause Courts Act, 1882?
Q3.Under Section 87 of the Presidency Small Cause Courts Act, 1882, what happens if a witness who was jailed for refusing to produce a document decides to produce it on the third day of a seven-day sentence?
Q4.If a witness continues to refuse to cooperate after the initial term of custody under Section 87 of the Presidency Small Cause Courts Act, 1882 has expired, under which law can they be further prosecuted?