SUPREME COURT OF INDIA 🇮🇳

[Justice Dr Dhananjaya Y Chandrachud & Justice AS Bopanna] Double Bench

Section 311 CRPC Power to summon Section 311 provides that the Court may summon any person as a witness or to examine any person in attendance, though not summoned as a witness and Recall and re-examine any person who has already been examined This power can be exercised at any stage of any inquiry, trial or other proceeding under the CrPC Latter part of Section 311 states that the Court shall summon

and examine or recall and re-examine any such person if his evidence appears to the Court to be essential to the just decision of the case Section 311 contains a power upon the Court in broad terms Statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth First part of the statutory provision which uses the expression “may” postulates that the power can be exercised at any stage of an inquiry, trial or other proceeding – Latter part of the provision mandates the recall of a witness by the Court as it uses the expression “shall summon and examine or recall and reexamine any such person if his evidence appears to it to be essential to the just decision of the case” – Essentiality of the evidence of the person who is to be examined coupled with the need for the just decision of the case constitute the touchstone which must guide the decision of the Court – First part of the statutory provision is discretionary while the latter part is obligatory*_

• VARSHA vs STATE of MP CRLA 1021/22 08/08/22 [ Dhananjaya ]
• 

The Court in Swapan Kumar (supra) observed:

―11. It is well settled that the power conferred under Section 311 should be invoked by the court only to meet the ends of justice. The power is to be exercised only for strong and valid reasons and it should be exercised with great caution and circumspection. The court has wide power under this Section to even recall witnesses for re-examination or further examination, necessary in the interest of justice, but the same has to be exercised after taking into consideration the facts and circumstances of each case. The power under this provision shall not be exercised if the court is of the view that the application has been filed as an abuse of the process of law.
12. Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier are not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed. Similarly, the court should not encourage the filing of successive applications for recall of a witness under this provision.‖

For read the judgment click here :-

SC_Judgement_08-Aug-2022 (2)-311-CRPC Vaibhav tomar- The-law-literates

All rights reserved (𝔸𝕕𝕧 Saba Hasan)