Section 311 CrPC Archives

Section 311 CrPC| Can Prosecutrix be recalled for further Cross-Examination based on affidavit filed after her initial testimony? MP High Court answers

Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.

Case Briefs High Courts

Under what circumstances can a witness be recalled for reexamination under Section 311 of CrPC? Kerala HC answers

“The very use of words such as “any court”, “at any stage”, or “or any enquiry, trial or other proceedings”, “any person” and “any such person” clearly spells out that the provisions of this section have been expressed in the widest possible terms, and do not limit the discretion of the court in any way. There is thus no escape if the fresh evidence to be obtained is essential to the just decision of the case.”

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 311 CrPC application due to bar on criminal revision under Section 397(2) CrPC

The Calcutta High Court observed that Section 311 of the CrPC provides wide discretionary powers to courts for summoning, examining, or recalling witnesses if their evidence is essential to a just decision.

Case Briefs Supreme Court

SC cancels murder accused’s bail as witnesses turn hostile; Orders fresh cross-examination and witness protection

Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.

Case Briefs High Courts

Law on S. 311 CrPC | Power to the Court to summon a material witness or to examine a person present in Court or to recall a witness already examined: All HC discusses

Allahabad High Court: Sanjay Kumar Pachori, J., while addressing a matter with regard to recalling of the witnesses expressed that, Section 311

Case Briefs High Courts

Fair trial is the hallmark of criminal procedure, it entails not only rights of victims but also interest of accused: Delhi HC

Delhi High Court: Manoj Kumar Ohri, J., while discussing the scope of Section 311 of the Criminal Procedure Code, 1973 with regard

Case Briefs High Courts

Utt HC | Application under S. 311 CrPC is subjective matter for consideration, which depends upon the perception of each and every court

Uttaranchal High Court: Sharad Kumar Sharma, J. contemplated a criminal revision petition where the issue discussed was related to Section 311 CrPC,

Case Briefs High Courts

HP HC | S. 311 CrPC not limited only for benefit of accused; Held, Court is not barred to summon witness merely because evidence supports prosecution case

Himachal Pradesh High Court: Anoop Chitkara, J. entertained a criminal revision petition filed under Section 482 CrPC for quashing of the order

Case Briefs High Courts

Gau HC | Mere fixing of matter for judgment on a subsequent date by itself cannot be construed as termination of trial; petition challenging summoning of witness dismissed

Gauhati High Court: Achintya Malla Bujor Barua, J. dismissed a petition against the order of the trial court whereby it had summoned the

Case Briefs High Courts

Del HC | Recalling of material witness allowed even where accused held to have not exercised due diligence in defending themselves

Delhi High Court: Sunil Gaur, J., while putting petitioners to terms, allowed their application filed under Section 311 CrPC to recall three

Case Briefs High Courts

Calling Forensic Expert as court witness under Section 311 CrPC– Held incumbent on trial court where veracity of CFSL report challenged: Bom HC

Bombay High Court: A Single Judge Bench comprising of Mridula Bhatkar, J. allowed a writ petition directed against the order of Special

Case Briefs High Courts

Trial Court empowered to summon material prosecution witness even at stage of defence evidence; order passed under Section 311 CrPC upheld

Punjab and Haryana High Court: A Single Judge Bench comprising of Surinder Gupta, J. dismissed an appeal filed against order of the

Case Briefs High Courts

A private person has no locus to pursue an application under Section 311 CrPC

Patna High Court: A Single Judge Bench comprising of Ashwini Kumar Singh, J. dismissed an application filed under Section 482 CrPC against