Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 240: Recall of witnesses when charge altered.
Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—
- 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;
- also to call any further witness whom the Court may think to be material.
Brefe Detail
This section outlines the rights of both the prosecutor and the accused when a charge is altered or added during a trial. It emphasizes the ability to recall previously examined witnesses and to summon additional witnesses if deemed necessary by the Court.
Question & Answers
What happens when a charge is altered during a trial?
A: The prosecutor and the accused may recall or re-summon witnesses and examine them regarding the changes.
Can the Court refuse to allow a witness to be recalled?
A: Yes, the Court can refuse if it believes the recall is for vexation, delay, or to defeat justice.
Are there any restrictions on calling new witnesses?
A: The Court has the discretion to allow any further witness deemed material to be called.
Example
- If a charge is altered to include new evidence, both the prosecutor and the accused may recall witnesses who provided earlier testimony to address these changes.
- A witness who initially testified may be re-examined to clarify their previous statements in light of the new charge.
Summary
Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that both the prosecutor and the accused have the right to adapt their cases when charges are modified during a trial. This allows for the examination of previous witnesses and the introduction of new ones to ensure a fair judicial process.
