Power U/S 311 CrPC For Recall Of Witnesses: Allahabad High Court Explains
2 years, 10 months ago

Power U/S 311 CrPC For Recall Of Witnesses: Allahabad High Court Explains

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The Allahabad High Court has rejected an application filed under Section 482 of CrPC seeking to quash an order of the Additional Sessions Judge, Deoria rejecting two applications filed by the Applicant/accused under Section 311 of CrPC for recall of two prosecution witnesses.While doing so, Justice Sanjay Kumar Pachori shed light on the applicability of Section 311 CrPC. The Allahabad High Court has rejected an application filed under Section 482 of CrPC seeking to quash an order of the Additional Sessions Judge, Deoria rejecting two applications filed by the Applicant/accused under Section 311 of CrPC for recall of two prosecution witnesses. Section 311 of the Code gives a wide power to the court to summon a material witness or to examine a person present in court or to recall a witness already examined. The Bench explained that the provision can be broadly divided into two parts: The first part of the Section has given discretion to the Court and enables it any stage of an inquiry, trial, or other proceedings under the Code, to summon anyone as a witness, or to examine any person in the Court, or to recall and re-examine any person whose evidence has already been recorded.

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History of this topic

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
4 months, 1 week ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

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The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court
5 months, 3 weeks ago

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court

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The Meghalaya High Court observed that the accused's application under Section 311 of the Code of Criminal Procedure, 1973 seeking to recall a witness is justified on the ground that the previous counsel did not examine the witness on necessary facts and that re-examination by the new counsel is crucial for the outcome of the trial. Justice B. Bhattacharjee was …

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
7 months, 3 weeks ago

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court

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The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. states that “where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed …

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court
8 months, 1 week ago

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court

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Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
9 months, 2 weeks ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

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The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
11 months ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

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The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case
11 months, 2 weeks ago

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case

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The Supreme Court recently upheld an application under Section 319 of the Code of Criminal Procedure, 1973 filed against the police officials accused of corruption. While doing so, the Top Court affirmed the Trial Court as well as the impugned order of the Punjab and Haryana High Court, summoning the police officials. The Division Bench of Justices Vikram Nath and …

S. 311 CrPC Not Only Aims To Do Substantial Justice But Also Intends To Establish An Orderly Society: HP High Court
1 year ago

S. 311 CrPC Not Only Aims To Do Substantial Justice But Also Intends To Establish An Orderly Society: HP High Court

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Highlighting that the power granted under Section 311 CrPC is essential to ensuring substantial justice and maintaining an orderly society, the Himachal Pradesh High Court has asserted that this discretionary power can be exercised by Courts at any stage of an inquiry or trial when deemed necessary for a just decision. Awasthi sought relief through an application under Section 311 …

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court
1 year, 3 months ago

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court

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The Kerala High Court last week held that recalling a witness under Section 311 CrPC must be done only when there is a strong and valid reason to do which should be recorded by the competent authority. A strong and valid reason should be recorded for the exercise of that power facilitating a just decision.” The Court added that the …

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
1 year, 4 months ago

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

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The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. The Supreme Court observed that the merits of the evidence has to be appreciated only …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 6 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

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The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 6 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
1 year, 8 months ago

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

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The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges. The observations were made while hearing challenge to an order of Appellate court in terms of which it had …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 8 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

S. 311 CrPC | Orissa High Court Allows Recall Of Witness 26 Yrs After He Was Cross-Examined & Discharged
1 year, 9 months ago

S. 311 CrPC | Orissa High Court Allows Recall Of Witness 26 Yrs After He Was Cross-Examined & Discharged

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The Orissa High Court has recently allowed a petition filed under Section 311 of the Code of Criminal Procedure after a delay of ‘26 years’ for recalling a witness who was cross-examined and discharged in 1997. Having regard to the fundamental principles enshrined in the Constitution of India, this Court would rather lean in favour of the latter than the …

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
1 year, 9 months ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
1 year, 10 months ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
1 year, 10 months ago

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
2 years ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court
2 years, 1 month ago

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday observed that the Principal Sessions Judge of a district has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in Section 409 of CrPC. Counsel appearing for the petitioner, argued that from the conduct of the case by the appellate court, …

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 1 month ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court
2 years, 2 months ago

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court

Live Law  

High Court of Madhya Pradesh's Gwalior Bench recently held that when the trial court can summon any witness pursuant to its power under Section 311 CrPC, it can also regulate the sequence in which they are to be examined. The State submitted before the Court that the Public Prosecutor in the case was interested in getting other witnesses examined first …

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15
2 years, 2 months ago

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, decided to commence with the hearing of the plea which raises the broad issue, whether Section 319 of the Code of Criminal Procedure, 1973 can be invoked after judgment is reserved, on 15th November, 2022. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna, Senior Advocate, Mr. Paramjit Singh Patwalia representing the …

S.320 CrPC Not Bar To Power U/S 482 For Quashing Non-Compoundable Offences In Appropriate Cases: Himachal Pradesh High Court
2 years, 4 months ago

S.320 CrPC Not Bar To Power U/S 482 For Quashing Non-Compoundable Offences In Appropriate Cases: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has reiterated that if for the purpose of securing the ends of justice quashing of FIR is necessary, then Section 320 of CrPC would not be a bar to exercise of powers under Section 482 of the Code qua non-compoundable offences. Justice Bhushan Barowalia noted: "If for the purpose of securing the ends of justice, …

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court
2 years, 6 months ago

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that …

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court
2 years, 8 months ago

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a court can summon a person under Section 319 of the Code Of Criminal Procedure, 1973, only on the basis of examination-in-chief of witness and the Court need not wait for the evidence of such witness to be tested by cross-examination.Here it may be noted that as per Section 319 of CrPC, in …

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court
2 years, 8 months ago

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court

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The Madhya Pradesh High Court, Gwalior Bench recently held that false statements made in an application under section 45 of the Indian Evidence Act, which did not have any impact on the outcome of the said application, cannot be a ground to initiate proceedings under section 340 CrPC. The Court then scrutinized the provision under section 340 CrPC and observed …

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings
2 years, 8 months ago

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings

Live Law  

The Madhya Pradesh High Court recently allowed an application to recall Prosecutrix in a rape case for re-examination, corollary to 'material development' in the matter. Justice Sanjay Dwivedi was essentially dealing with an application under Section 482 CrPC moved by the Applicant who was aggrieved by the order of the lower court, whereby his application under Section 311 CrPC to …

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine
2 years, 9 months ago

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine

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The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the …

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates
2 years, 9 months ago

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates

Live Law  

The Uttarakhand High Court has reiterated that a more than prima facie case is needed to be presented to summon a person under Section 319 of the Code of Criminal Procedure. While dismissing a revision against the trial Court order of such summon, a Single Judge Bench of Justice Narayan Singh Dhanik observed, "Therefore, it is amply clear that in …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
2 years, 9 months ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
2 years, 9 months ago

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses. Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same …

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court
2 years, 9 months ago

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court

Live Law  

On Friday, the Supreme Court held that even for protected witnesses declared so under Section 173 of the Code of Criminal Procedure, 1973 read with Section 44 of the Unlawful Activities Act, 1967, the accused can exercise their right under Sections 207 and 161 of the Cr.P.C to obtain copies of their redacted statements which would ensure that the identity …

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court
2 years, 10 months ago

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court

Live Law  

In a significant judgment delivered on Thursday, the Calcutta High Court has observed that the territorial limitations as envisaged under Section 160 CrPC must apply even to investigations being carried out by the Central Bureau of Investigation.The Court had accordingly directed the CBI to not take any coercive measures against Trinamool Congress Birbhum district president Anubrata. In a significant judgment …

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles
3 years, 4 months ago

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles

Live Law  

The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were …

Court's Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court
3 years, 5 months ago

Court's Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court

Live Law  

Observing that the Court's powers to summon any person under section 311 of the CrPC cannot be used to tie loose ends in the prosecuting agency's case, the Bombay High Court has set aside a trial judge's order recalling a material witness for examination at the fag end of the trial. "No doubt, under Section 311 CrPC, any Court may, …

Aim Of Every Court Is To Discover The Truth: Supreme Court Explains Scope Of Section 311 CrPC
3 years, 9 months ago

Aim Of Every Court Is To Discover The Truth: Supreme Court Explains Scope Of Section 311 CrPC

Live Law  

The Supreme court briefly explained the scope of Section 311 of the Code of Criminal Procedure in its two recent judgments.Section 311 deals with the power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person …

Understanding The Complexity Of Section 319 Of CrPC
4 years, 5 months ago

Understanding The Complexity Of Section 319 Of CrPC

Live Law  

Time and again, there have been controversies and debates over Section 319 of the Criminal Procedure Code, 1973 regarding the stages at which it is to be used, the weight of evidences or the category of persons against whom it may be used. Section 319 of CrPC and its objective The section reads as; "Power to proceed against other persons …

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