Chapter XXIV
Section 311 CrPC: Power to summon material witness, or examine person present
New Law Update (2024)
Section 343 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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 in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
Important Sub-Sections Explained
Landmark Judgements
Rajaram Prasad Yadav v. State of Bihar (2013):
The Supreme Court held that the power under Section 311 CrPC is a plenary power, meant to discover the truth and arrive at a just decision. While it should not be used to fill lacunas, it must be invoked if the evidence is essential for the just decision of the case, emphasizing the court’s duty to secure relevant evidence.
Varsha Garg v. State of U.P. (2022):
This judgment reiterated that the power under Section 311 is broad and discretionary, intended to ensure a fair trial and to arrive at the truth. The court emphasized that mere delay or inconvenience should not be a ground to deny recalling a witness if their evidence is crucial for the just decision of the case.
Vijay Kumar v. State of Uttar Pradesh (2022):
The Supreme Court clarified the two limbs of Section 311: the first part is discretionary (‘may’), and the second part is mandatory (‘shall’) if the court finds the evidence essential for a just decision. It stressed that the court’s primary duty is to discover the truth and render justice, overriding procedural technicalities if necessary.
Draft Format / Application
IN THE COURT OF THE [Designation of Court, e.g., JUDICIAL MAGISTRATE FIRST CLASS/SESSIONS JUDGE] AT [City/District]
Criminal Case No. [Number] of [Year]
[Prosecution/Complainant Name]
Versus
[Accused Name]
APPLICATION UNDER SECTION 311 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR SUMMONING/RECALLING AND RE-EXAMINING A WITNESS
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned criminal case is presently pending adjudication before this Hon’ble Court.
2. That the prosecution/defence evidence has been partly/fully recorded.
3. That [Name of Witness], son/daughter of [Father’s Name], resident of [Address], is a material witness in the present case.
4. That the evidence of the said witness is essential for the just decision of this case as [briefly explain why the evidence is essential, e.g., “he/she has crucial information regarding…”, “certain relevant documents need to be proved through him/her…”, “a vital aspect of the incident has not been adequately clarified…”].
5. That the said witness was not examined earlier/was examined earlier but certain crucial aspects were overlooked/emerged subsequently which require re-examination.
6. That this application is being moved bonafide and in the interest of justice.
PRAYER
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
(a) Summon/recall and permit the re-examination of Mr./Ms. [Name of Witness] in the interest of justice.
(b) Pass any other order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the present case.
Dated this [Day] day of [Month], [Year].
[Signature of Advocate]
Advocate for [Prosecution/Defence]
[Name of Applicant/Party]
Through
[Name of Advocate]