Under Section 311 of the Code of Criminal Procedure (CrPC), 1973, a court has the power to summon any person as a witness at any stage of a trial if their evidence is essential for a just decision. This provision ensures that all necessary witnesses are examined to uncover the truth.
Steps to Summon Under Section 311 CrPC
- Application by a Party or Court’s Suo Motu Power
- Either the prosecution, defense, or even the court on its own motion (suo motu) can invoke Section 311 CrPC.
- The application must state the necessity of summoning the witness to ensure justice.
- Filing an Application (if by a party)
- The concerned party must file a written application before the court explaining:
- The identity of the person to be summoned.
- The relevance of their testimony.
- How their evidence will assist in delivering justice.
- The concerned party must file a written application before the court explaining:
- Court’s Consideration
- The court will examine the necessity of the witness’s testimony.
- If it finds that the witness’s presence is essential for just decision-making, it will issue a summons.
- Issuance of Summons
- If the application is allowed, the court issues a summons (or a warrant, if necessary).
- The witness is required to appear before the court on a specified date.
- Examination of the Witness
- Once the witness appears, they will be examined, cross-examined, and re-examined, as per legal provisions.
Key Points to Remember
- The power under Section 311 CrPC is discretionary, meaning the court may or may not allow the application.
- The section applies at any stage of the trial, inquiry, or other proceedings.
- The main objective is to ensure that no crucial evidence is left out.
- The court can recall or re-examine a witness who has already been examined.
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