Object of
Criminal Procedure Code, 1973 (CrPC) S. 311 - Object of - The object underlying Section 311 CrPC is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side - The determinative factor is whether it is essential to the just decision of the case - The significant expression that occurs is "at any stage of any inquiry or trial or other proceeding under this Code" - It is, however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised judiciously, as it is always said "wider the power, greater is the necessity of caution while exercise of judicious discretion."
Discretionary power vested under Section 311 CrPC has to be exercised judiciously for strong and valid reasons and with caution and circumspection to meet the ends of justice
Criminal Procedure Code, 1973 (CrPC) S. 311 - Discretionary power vested under Section 311 CrPC has to be exercised judiciously for strong and valid reasons and with caution and circumspection to meet the ends of justice.
Suo Moto powers
Criminal Procedure Code, 1973 (CrPC) S. 311 - Suo Moto powers - Open for the Trial Judge to exercise suo motu powers in summoning the witnesses whose statements ought to be recorded to subserve the cause of justice, with the object of getting the evidence in aid of a just decision and to uphold the truth.
Court has vide power under this section to even recall witnesses for re-examination or further examination, necessary in the interest of justice, but the same has to be exercised after taking into consideration the facts and circumstances of each case
Code of Criminal Procedure, 1973 (2 of 1974), Section 311 - Power conferred under Section 311 should be invoked by the court only to meet the ends of justice - The power is to be exercised only for strong and valid reasons and it should be exercised with great caution and circumspection - The court has vide power under this Section to even recall witnesses for reexamination or further examination, necessary in the interest of justice, but the same has to be exercised after taking into consideration the facts and circumstances of each case - The power under this provision shall not be exercised if the court is of the view that the application has been filed as an abuse of the process of law.
" . The first part of this section which is permissive gives purely discretionary authority to the criminal court and enables it at any stage of inquiry, trial or other proceedings under the Code to act in one of the three ways, namely, (i) to summon any person as a witness; or (ii) to examine any person in attendance, though not summoned as a witness; or (iii) to recall and re-examine any person already examined. The second part, which is mandatory, imposes an obligation on the court (i) to summon and examine or (ii) to recall and re-examine any such person if his evidence appears to be essential to the just decision of the case.
2019 SCeJ 1077 Swapan Kumar Chatterjee Vs. Central Bureau of Investigation 2019(14) SCC 328.
Recall of witness – Belated stage – Multiple applications
Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Recall of witness – Belated stage – Multiple applications - Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed - Similarly, the court should not encourage the filing of successive applications for recall of a witness under this provision - Case was registered in the year 1983, application for recall allowed after 21 years in the year 2004 - Prosecution has failed to procure his attendance in the court – Order allowing application set aside.
2019 SCeJ 1077 Swapan Kumar Chatterjee Vs. Central Bureau of Investigation 2019(14) SCC 328.
Discretionary power conferred under Section 311 has to be exercised judicially for reasons stated by the court and not arbitrarily or capriciously.
Criminal Procedure Code, 1973 (CrPC) S. 311 - Though Section 311 confers vast discretion upon the court and is expressed in the widest possible terms, the discretionary power under the said section can be invoked only for the ends of justice. Discretionary power should be exercised consistently with the provisions of the Code and the principles of criminal law. The discretionary power conferred under Section 311 has to be exercised judicially for reasons stated by the court and not arbitrarily or capriciously. Before directing the learned Special Judge to examine Smt Ruchi Saxena as a court witness, the High Court did not examine the reasons assigned by the learned Special Judge as to why it was not necessary to examine her as a court witness and has given the impugned direction without assigning any reason.
Vijay Kumar Vs. State of Uttar Pradesh 2011(8) SCC 136.