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THE RECUSANT WITNESSES ACT, 1853 
 
 
 
CONTENTS 
1. Repeal 
2. Repeal 
3. Repeal 
4. Repeal 
5. Repeal 
6. Repeal 
7. Repeal 
8. Repeal 
9. Repeal 
10. Repeal 
11. Repeal 
12. Repeal 
13. Repeal 
14. Repeal 
15. Repeal 
16. Repeal 
17. Repeal 
18. Repeal 

 
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19. Repeal 
20. Repeal 
21. Repeal 
22. Repeal 
23. Repeal 
24. Repeal 
25. Repeal 
26. Persons absconding, etc, to avoid service of summons, etc., liable for damages 
27. Repeal 
28. Repeal 
29. Repeal 
30. Repeal 
31. Repeal 
32. Repeal 
33. Repeal 
34. Repeal 
35. Repeal 
36. Repeal 
37. Repeal 
38. Repeal 
39. Repeal 
40. Repeal 
41. Repeal 
42. Repeal 
43. Repeal 
44. Repeal 
 
 
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1[THE RECUSANT WITNESSES ACT, 1853] 
ACT No. XIX OF 1853 
   [2nd December, 1853] 
An Act to amend the Law of Evidence in the Civil Courts of the East India Company in the Bengal 
Presidency. 
1-18. [Repeals; who may be witnesses; manner of summoning witnesses; contents of 
summons; summons how served; person summoned to produce a document.] Rep. by Act X of 1861. 
19. [Witness not a party to suit not bound to produce his own titl e-deeds.] Rep. by the 
Indian Evidence Act, 1872 (I of 1872). 
20-25. [Privileged communications; punishment for non -compliance with summons.] Rep. 
by Act X of 1861. 
 26. Persons absconding, etc, to avoid service of summons, etc., liable for damages . Any 
person, whether a party to the suit or not, to whom a summons to attend and give evidence or 
produce a document shall be personally delivered, and who shall, without lawful excuse , neglect or 
refuse to obey such summons, or who shall be proved to have abscon ded or kept out of the way to 
avoid being served with such summons, and any person who, being in Court and upon being required 
by the Court to give evidence or produce a document in his posses sion, shall, without lawful excuse, 
refuse to give evidence or sign his deposition, or to produce a document in his possession, 
shall 2*   *   * be liable to the party at whose request the summons shall have been issued, or at 
whose instance he shall be required to give evidence, or produce the document, for all damag es 
which he may sustain in consequence of such neglect, or refusal, or of such absconding, or keeping 
out of the way as aforesaid, to be recovered in a civil action. 
27-39. [Property of person absconding liable for damages; costs and fines; appeal; 
postponement of trial; evidence to be taken down; evidence of females; power to require further 
evidence ; false evidence of parties punishable; deposition by parties not to be used in their own 
favour; no appeal against order for summons of witnesses.] Rep. by Act X of 1861. 
40. [Documents referred to as a material proof to be filed with pleadings.] Rep. by Act X of 
1855. 
41-44. [Local extent; commencement.] Rep. by Act X of 1861. 
 
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Date: 13-09-2024 
1Short title given by the Amending Act, 1897 (5 of 1897), Sch. III. 
2The words "in addition to any proceedings under this Act, "rep. by the Amending Act, 1891 (12 of 1891).