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Showing posts with label S 311 of crpc. Show all posts
Showing posts with label S 311 of crpc. Show all posts
Friday, 29 May 2026

S.311 CrPC Power Can't Be Invoked To Fill Up Lacunae In Defence : Supreme Court Quashes Order To Recall Rape Victim For Cross Examination

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By the time the recall application  was moved, 19 other prosecution witnesses had already been  examined and the trial had substantially pro...
Saturday, 9 May 2026

Bombay HC: Under which circumstances, rejection of application U/S 311 of CRPC of Prosecution by Session Judge can be said to be legal and correct?

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The learned Trial Court has rightly observed that in view of the  provisions of Section 293 of the Code of Criminal Procedure, 1973,  the Ch...
Saturday, 4 April 2026

Whether Sessions Judge Should Permit Prosecution to Call Chemical Analyser After Closure of Evidence? A Practical Guide on Sections 293, 311 and 313 CrPC

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 In criminal trials, few issues create more avoidable confusion than the handling of Chemical Analyser reports. Trial courts often confront ...
Tuesday, 24 February 2026

Her Word, Her Capacity: Judicial Handling of Intellectually Disabled Rape Victims’ Testimony

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I. The Illustration: A Trial Judge’s Dilemma A Sessions Court is trying a rape case. The prosecutrix is repeatedly described as “mentally re...
Monday, 11 August 2025

Bombay HC: Under which circumstances the court can permit recall of witness in criminal case?

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 Learned Counsel for the applicants has relied upon ruling in the case of (Riyazuddin & ors. Vs. State of UP)1, reported in MANU/UP/0868...
Sunday, 13 July 2025

Andhra Pradesh HC: Whether the court can summon discharged or acquitted accused as witness U/S 311 of CRPC in the same case?

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A plain reading of Sec. 311 does not place any restrictions on the power of the Court to issue summons to a witness if the Magistrate is of ...
Tuesday, 21 May 2024

What procedure the court should follow if defence is seeking to recall a prosecution witness on the ground that he has given inconsistent statement before another forum?

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 In our opinion, the procedure adopted by the Sessions Judge was not strictly in accordance with law. Once the witness was examined in-chief...
Thursday, 30 March 2023

Can the court call a witness in a criminal case on an application filed by a third party U/S 311 of the CrPC?

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In the facts and circumstances of the present case, the  petitioner-Company is neither the complainant nor is a victim but is a  telecasting...
Saturday, 25 June 2022

Can the court recall the prosecution witness if he has given a different statement in another case?

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Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case th...
Tuesday, 1 March 2022

Should the court permit the accused to recall a prosecutrix for cross-examination in an offence under the POCSO Act?

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Brief facts of the case are that the petitioner is facing trial under Sections 363, 366 and 376 of IPC and section 5(1)/6 6 of the Protectio...
Saturday, 19 February 2022

Can the court recall a witness as per S 311 of CRPC to confront him with his later evidence before another forum?

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The learned Counsel for the appellants seriously attacked the evidence of PW 2 Mokam Singh. This witness was examined by the Sessions Judge ...
Friday, 10 September 2021

Whether the court can reject the application for summoning of witnesses U/S 311 of CRPC on the ground that the High court makes the case time-bound?

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  An FIR came to be lodged against the petitioner and her father for an incident that took place on 1.1.2008 wherein it was alleged that the...

Whether court can permit a party to call any witness as per S 311 of CRPC when case is fixed for Judgment?

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  In view of the provisions of Section 311 and the above-referred authorities, it is abundantly clear that Section 311 empowers the Court to...
Saturday, 16 May 2020

Whether court can permit production of certificate U/S 65B of Evidence Act at subsequent stage?

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Anwar P.V. (supra) partly overruled the earlier decision of the Supreme Court on the procedure to prove electronic record(s) in Navjot San...
Tuesday, 16 July 2019

Whether court should reject prayer for calling of material witness considering age of case?

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Though it is expected that the trial of a sessions case should proceed with reasonable expedition and pendency of such a matter for about ...
Tuesday, 2 July 2019

How to decide application of accused for production of documents and examination of witnesses?

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 Clearly the documents production of which is sought for by the petitioner, are relevant for the just decision of the case. Petitioner had...
Sunday, 27 January 2019

When it is permissible for court to allow production of additional evidence at belated stage in cheque dishonour case?

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The appellant filed Criminal Application Nos. 203 of 2018 and 256 of 2018 under Sections 311 read with 391 of the Code of Criminal Procedu...
Saturday, 27 May 2017

What is duty of trial court and public prosecutor while trying case under POCSO Act?

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At this juncture, it needs to be mentioned that at the time when we proposed to re-examine C.W.1 and P.W.13 and to receive additional evi...
Saturday, 6 May 2017

Whether civil court has power to summon witnesses as per S 311 of CRPC While conducting enquiry U/S 340 of CRPC?

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Thus in so far as section 340 of Code of Criminal Procedure is concerned, it is not necessary for the Judge to hear other side, but he ...
Sunday, 30 April 2017

Principles to be followed by court while deciding application for recalling of witnesses

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In Mohanlal Shamji Soni (supra), Supreme Court has reiterated the same principle after analyzing Section 540 of the Code of Criminal P...