Chapter XVII
Section 217 CrPC: Recall of witnesses when charge altered
New Law Update (2024)
Section 236 BNSS
TRIAL COURT
Trial Court
Punishment
Procedural – Appeals / Revision
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
(2) also to call any further witness whom the Court may think to be material.
Important Sub-Sections Explained
Section 217(1)
This sub-section allows the court to recall and re-examine witnesses previously heard, specifically in relation to any new or altered charges. However, the court can refuse this request if it finds, with recorded reasons, that the request is merely for harassment, delaying tactics, or to obstruct justice.
Section 217(2)
Beyond recalling existing witnesses, this sub-section empowers the court to summon any new witness it deems crucial or ‘material’ to the case, especially when the charges have been changed or new ones added. This ensures all relevant evidence can be considered in light of the updated charges.
Landmark Judgements
Vinod Kumar v. State of Punjab, (2013) 10 SCC 145:
The Supreme Court clarified that the power under Section 217 CrPC, though crucial for a fair trial when charges are altered, is not an unfettered right. It must be exercised judiciously, balancing the accused’s right to meet the altered charge against the need to prevent vexatious recall or undue delay in proceedings.
Rajesh Prasad v. State of Bihar, (2022) 3 SCC 471:
The Supreme Court reaffirmed the mandatory nature of recalling and re-examining witnesses when a charge is altered or added, if requested by either the prosecutor or the accused. The Court emphasized that a refusal to recall must be supported by recorded reasons indicating that the request is made for vexation, delay, or to defeat the ends of justice, upholding the principle of fair opportunity for the accused.