Law4u - Made in India

What Is BNSS Section 240?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate S R Jena

Advocate S R Jena

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ashwatha Narayana V

Advocate Ashwatha Narayana V

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate K Satya Murthy

Advocate K Satya Murthy

Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Documentation, Family, High Court, Media and Entertainment, Recovery, RERA, Succession Certificate, Criminal, Divorce, Domestic Violence, Property

Get Advice
Advocate Krithikaa

Advocate Krithikaa

Anticipatory Bail,Bankruptcy & Insolvency,Cheque Bounce,Civil,Consumer Court,Criminal,Divorce,Documentation,Domestic Violence,High Court,Labour & Service,Landlord & Tenant,Medical Negligence,Muslim Law,NCLT,Property,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Prasanna Kumar Dash

Advocate Prasanna Kumar Dash

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Divorce, High Court, Landlord & Tenant, Supreme Court, Wills Trusts, Revenue, Family, Court Marriage, Domestic Violence

Get Advice
Advocate Mohd Alam

Advocate Mohd Alam

Cheque Bounce, Child Custody, Court Marriage, Criminal, Muslim Law, Wills Trusts, Motor Accident, Family, Domestic Violence, Anticipatory Bail, Cyber Crime

Get Advice
Advocate Biswajit Ghosh

Advocate Biswajit Ghosh

Anticipatory Bail, Banking & Finance, Civil, Cyber Crime, Divorce, Property, Succession Certificate, Tax, High Court

Get Advice
Advocate Pooja

Advocate Pooja

Anticipatory Bail,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Medical Negligence,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Recovery,RERA,Succession Certificate,Wills Trusts,Revenue,

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.