I know a court summons can feel frightening, especially when the case involves violence and the accused may be sitting in the same courtroom. You may be the injured person, an eyewitness, a family member, or someone who happened to be nearby. The short answer is that, in most situations, yes, you will have to appear in court and testify in an attempt to murder case. The law requires this, and ignoring a summons has consequences. But it also gives you real protections, including video conferencing, witness protection, travel expenses and safeguards against harassment, so you do not have to face this alone.

Let me first explain why your personal presence matters so much. Attempt to murder was punishable under Section 307 of the Indian Penal Code, 1860. For offences committed on or after 1 July 2024, it is punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It is a serious, cognizable and non-bailable offence, tried by a Court of Session. In such a trial, the prosecution must prove its case beyond reasonable doubt, and that proof mostly comes from the oral evidence of witnesses given on oath in court.

What you told the police is not enough by itself. Your statement to the police under Section 161 of the Code of Criminal Procedure, 1973 (CrPC), now Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is not substantive evidence. Under Section 162 CrPC, now Section 181 BNSS, it can only be used to contradict a witness. Even a statement recorded by a magistrate under Section 164 CrPC, now Section 183 BNSS, is used only to corroborate or contradict what you later say in court. The evidence that actually counts is what you say in the witness box.

This rule exists because the accused has a right to cross-examine every witness against him. Article 21 of the Constitution guarantees a fair trial, and cross-examination is one of its core parts. Under Section 273 CrPC, now Section 308 BNSS, evidence must ordinarily be taken in the presence of the accused or his pleader. The court needs to see your demeanour and test your account. That is why, unless one of the legal exceptions applies, your personal testimony is essential.

So how will the process work? In a Sessions trial, after charges are framed, the judge fixes dates for prosecution evidence. This is governed by Sections 230 and 231 CrPC, now Sections 253 and 254 BNSS. The court issues a summons to you as a prosecution witness. Summons are issued and served under Sections 61 to 64 CrPC, now Sections 63 to 66 BNSS. Importantly, the BNSS now permits summons to be issued and served in electronic form, so you may receive it by email or messaging as well as by a police officer or process server.

When you receive the summons, read it carefully. It will state the court, the case number, the date and the time you must appear. Keep it safely and share a copy with your advocate at once. If you cannot attend on that date for a genuine reason, such as illness, a medical emergency, an examination or a pressing work commitment, inform the court in advance. This can be done through the Public Prosecutor or through your own lawyer. A written application with supporting documents usually persuades the court to fix another date.

What happens if you simply ignore the summons? The court takes non-attendance of material witnesses seriously. It can issue a bailable warrant, and if you continue to avoid court, a non-bailable warrant to secure your presence. This power exists under Section 87 CrPC, now Section 90 BNSS. In extreme cases, the court can issue a proclamation under Section 82 CrPC, now Section 84 BNSS. Intentionally disobeying a lawful summons can also be an offence under Section 174 IPC, now Section 208 BNS.

There is also a quicker procedure the court can use. Under Section 350 CrPC, now Section 389 BNSS, if a witness summoned to court fails to attend without just excuse, the court may try the matter summarily. It can impose a fine after giving the witness an opportunity to explain. I do not mention this to frighten you. I mention it so you understand that cooperating with the court is always the wiser course, and that a genuine reason, properly communicated, will almost always be accepted.

Now for the reassuring part. You do not always have to travel to the courtroom physically. In State of Maharashtra v. Dr. Praful B. Desai (2003), the Supreme Court held that recording evidence through video conferencing is valid and satisfies the requirement that evidence be taken in the presence of the accused. The BNSS has now written this into law. Section 254 BNSS expressly permits the evidence of witnesses to be recorded through audio-video electronic means. Section 530 BNSS allows trials and proceedings, including examination of witnesses, to be held in electronic mode.

This is a major change for witnesses living in another city, working abroad, unwell, elderly or genuinely afraid of facing the accused. Your advocate or the Public Prosecutor can move an application requesting that your evidence be recorded by video link. Many courts now have designated video conferencing facilities, and remote testimony is often arranged from another court complex or an authorised location. The court decides such applications on the facts, but in genuine cases it is increasingly granted.

There is another route when your personal attendance would cause unreasonable delay, expense or inconvenience. Under Section 284 CrPC, now Section 319 BNSS, the court may dispense with your attendance and issue a commission for your examination. In practice, this means your evidence is recorded by another court or officer closer to where you are. This is typically used for witnesses residing far away or outside India. The accused is given an opportunity to put questions, so fairness is preserved while your hardship is reduced.

Some witnesses do not need to be called personally at all. The evidence of a medical witness recorded before a committing magistrate can be read in evidence under Section 291 CrPC, now Section 326 BNSS. Reports of certain government scientific experts, such as forensic laboratory reports, can be used without calling the expert under Section 293 CrPC, now Section 329 BNSS, although the court may still summon them. These provisions apply to specific official witnesses. For an injured person or eyewitness, they do not replace personal testimony.

If a witness dies or cannot be found, the law has limited exceptions. A statement made by a person about the cause of their death can be admitted as a dying declaration under Section 32 of the Indian Evidence Act, 1872, now Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Evidence given in an earlier judicial proceeding can sometimes be used under Section 33 of the Evidence Act, now Section 27 BSA, when the witness is dead, cannot be found or is incapable of giving evidence. These are narrow exceptions. They are not a way to avoid appearing when you are alive and available.

Many clients also ask whether they must face the accused directly. Here the law is protective. In Sakshi v. Union of India (2004), the Supreme Court recognised that screens or similar arrangements can be used so that a vulnerable witness does not have to see the accused while testifying. The accused and his lawyer can still hear the evidence and cross-examine. If you are genuinely afraid, your advocate can request such an arrangement, or request that your evidence be recorded by video link from a separate room.

If you have received threats, you have strong legal remedies. In Mahender Chawla v. Union of India (2018), the Supreme Court approved the Witness Protection Scheme, 2018, and directed all States to implement it. Section 398 BNSS now requires every State Government to prepare and notify a witness protection scheme. Under these schemes, you can apply for protective measures before you testify. These can include police escort to and from court, concealment of your identity, temporary change of residence and monitoring of threatening calls.

Threatening a witness to give false evidence is itself a crime. It was punishable under Section 195A IPC and is now covered by Section 232 BNS. Criminal intimidation is punishable under Section 351 BNS. If anyone connected with the accused threatens you, record the details, preserve messages and call logs, and file a complaint. The prosecution can also seek cancellation of the accused's bail for witness tampering under Section 439(2) CrPC, now Section 483(3) BNSS. Courts treat witness intimidation very seriously.

It is completely normal to feel nervous about what happens in the witness box. First, you will take an oath or affirmation to speak the truth. The Public Prosecutor will then conduct your examination-in-chief, asking you to describe what happened in your own words. After that, the defence lawyer will cross-examine you. The prosecutor may then re-examine you on points arising from the cross-examination. This order is set out in Sections 137 and 138 of the Evidence Act, now Sections 142 and 143 BSA.

Cross-examination can feel uncomfortable, but you are protected against abuse. The court has power to forbid indecent, scandalous, insulting or annoying questions under Sections 151 and 152 of the Evidence Act, now Sections 155 and 156 BSA. The judge can stop the defence from harassing you or asking irrelevant questions. If you do not understand a question, you are entitled to say so and ask for it to be repeated or explained. If you do not remember something, the honest answer is simply that you do not remember.

My most important advice is that you should always tell the truth, calmly and simply. Do not guess, exaggerate or try to fill gaps. If you are asked about something you did not see, say so. Many witnesses get into trouble not because they lie deliberately, but because they try to sound certain about details they do not recall. The court understands that memories fade, especially in long trials. Honest uncertainty is far better than confident inaccuracy.

You should also know that deliberately giving false evidence carries serious consequences. Giving false evidence was defined under Section 191 IPC and punishable under Section 193 IPC. Under the new law, these are Sections 227 and 229 BNS, with imprisonment of up to seven years for false evidence in a judicial proceeding. The court may initiate proceedings through a complaint under Section 340 CrPC, now Section 379 BNSS. If you testify truthfully, you have nothing to fear from these provisions.

Preparation will make a big difference to your confidence. Ask your advocate or the Public Prosecutor for copies of your earlier statements so you can refresh your memory. Under Section 159 of the Evidence Act, now Section 162 BSA, a witness may refresh memory from a document made at or near the time of the event in certain circumstances. Go through the sequence of events calmly. Reach the court early, carry your summons and a government photo identity card, and dress simply and respectfully.

You are also entitled to reasonable expenses for attending court. Under Section 312 CrPC, now Section 350 BNSS, the court may order payment of reasonable expenses to witnesses who attend for the purposes of any inquiry, trial or proceeding. Rates are fixed by State Government rules. Ask the court staff or the Public Prosecutor about the procedure. Many witnesses do not know about this right and quietly bear the cost themselves.

Another common frustration is repeated adjournments. Section 309 CrPC, now Section 346 BNSS, requires that once the examination of witnesses begins, it should continue from day to day until all witnesses in attendance have been examined. Adjournments should be granted only for special reasons recorded in writing. If you are repeatedly called and sent back without being examined, your advocate can bring this to the court's notice. The court can then prioritise your examination so you do not have to keep returning.

If you are the accused rather than a witness, the position is different. As an accused, you must attend the trial, but personal attendance can sometimes be exempted by the court under Section 205 CrPC, now Section 228 BNSS, and Section 317 CrPC, now Section 355 BNSS. You cannot be compelled to testify against yourself because of Article 20(3) of the Constitution. You may choose to give evidence as a witness in your own defence, but only by your own written request under Section 315 CrPC, now Section 353 BNSS.

Every case has its own facts, and the right strategy depends on your role, the stage of trial and any risks you face. For personalised guidance, you can speak with our legal experts at Aapka Legal Advice, who can review your summons, statements and circumstances confidentially. You can also consult experienced Top Criminal Lawyers in India| Aapka Legal Advice who regularly handle Sessions trials. They can file applications for video conferencing, witness protection, rescheduling or exemption, and prepare you properly for examination and cross-examination.

In sensitive or complicated matters, the view from the bench can also be invaluable. Aapka Legal Advice offers consultations with its panel of retired High Court judges, retired Principal District and Sessions Judges and former Additional Sessions Judges, who work alongside its criminal lawyers. Having presided over attempt to murder trials themselves, they understand how judges assess witnesses and weigh testimony. They can tell you how a court is likely to respond to a request for remote testimony, witness protection or a commission. This insight can make your appearance far less stressful.

If you have already missed a date and a warrant has been issued, do not panic and do not hide. Contact a criminal lawyer immediately. Your advocate can file an application to recall or cancel the warrant, explaining the reason for your absence. Courts generally cancel warrants when a witness appears voluntarily and gives a genuine explanation. Appearing on your own is always better than being brought to court by the police.

If the court wrongly refuses a reasonable request, such as video conferencing despite a serious threat or medical condition, further remedies are available. You can approach the High Court under Section 482 CrPC, now Section 528 BNSS, invoking its inherent powers to secure the ends of justice. In appropriate cases, a petition under Article 227 of the Constitution can challenge the trial court's order. These are not routine steps, but they exist where a witness's safety or basic rights are at stake.

If you are being harassed to stay away from court, there are counter-actions too. You can file a police complaint under Section 232 BNS and Section 351 BNS against those threatening you. If the police do not act, you can approach the Superintendent of Police, or the magistrate under Section 156(3) CrPC, now Section 175(3) BNSS. The trial court can be informed so it takes the threat into account while deciding the accused's bail. Your cooperation with justice deserves protection, and the law provides it.

To sum up, in most cases you will have to appear in court and testify in an attempt to murder case, because your oral evidence is what the court relies on. Ignoring a summons can lead to warrants under Section 90 BNSS and action under Section 389 BNSS. But you are not without choices or protection. Video conferencing under Sections 254 and 530 BNSS, commission under Section 319 BNSS, witness protection under Section 398 BNSS, screens, and payment of expenses under Section 350 BNSS all exist for your benefit.

Speak the truth, prepare with your advocate, and ask for protection if you feel unsafe. With the right lawyer beside you, and a retired judge's perspective where needed, the process becomes manageable and far less intimidating. Taking legal advice early is the single best step you can take when you are asked to appear in court and testify in an attempt to murder case, so that you walk into the witness box prepared, protected and confident.