Chapter XVIII
Section 231 CrPC: Evidence for prosecution
New Law Update (2024)
Section 265 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Evidence / Witnesses
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
Important Sub-Sections Explained
Section 231(1)
This sub-section mandates the Judge to proceed with recording all evidence presented by the prosecution on the fixed date, thereby outlining the foundational step for the prosecution’s case in a criminal trial.
Section 231(2)
This sub-section grants crucial judicial discretion to the Judge, allowing them to either defer the cross-examination of any witness or to recall any witness for further cross-examination, ensuring flexibility for a fair and just trial process.
Landmark Judgements
Vinod Kumar v. State of Punjab (2015):
The Supreme Court emphasized the imperative of expeditious trial and discouraged granting frequent adjournments for cross-examination, reinforcing the court’s duty to ensure the timely recording of prosecution evidence.
Vijay Kumar v. State of Uttar Pradesh (2009):
The Supreme Court clarified that the judicial discretion under Section 231(2) CrPC, allowing deferment of cross-examination or recall of a witness, must be exercised judiciously, not arbitrarily, in alignment with principles of fair trial and speedy justice.
Draft Format / Application
IN THE COURT OF THE SESSIONS JUDGE, [District Name], [State Name]
Criminal Miscellaneous Application No. ____ of 20__
(Arising out of Sessions Case No. ____ of 20__, titled State v. [Accused Name])
IN THE MATTER OF:
[Accused Name], Son/Daughter of [Father’s Name], Aged about [Age] years,
Resident of [Address]
…APPLICANT/ACCUSED
VERSUS
THE STATE OF [State Name]
…RESPONDENT/PROSECUTION
APPLICATION UNDER SECTION 231(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR DEFERRING CROSS-EXAMINATION / RECALLING WITNESS
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned Sessions Case is pending before this Hon’ble Court.
2. That Prosecution Witness No. [PW No.] (Name of Witness) was examined on [Date] / is scheduled for cross-examination on [Date].
3. That for the reasons stated in the accompanying affidavit, it is necessary to defer the cross-examination of the said witness / recall the said witness for further cross-examination to ensure a fair trial and proper adjudication of the case.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Permit the deferment of cross-examination of Prosecution Witness No. [PW No.] (Name of Witness) until [Specify condition].
OR
b) Recall Prosecution Witness No. [PW No.] (Name of Witness) for further cross-examination on a date fixed by this Hon’ble Court.
c) Pass any other order as deemed fit in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(SIGNATURE OF ADVOCATE)
Advocate for the Applicant
(SIGNATURE OF APPLICANT)
Applicant/Accused