Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 348: Power to Summon Material Witness, or Examine Person Present
Any Court may, at any stage of any inquiry, trial, or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
Brief Detail
Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 grants courts the authority to summon witnesses or examine individuals present at any stage of legal proceedings. Key points include:
- Courts can summon any person as a witness.
- Individuals not formally summoned can still be examined if they are in attendance.
- Courts have the power to recall and re-examine witnesses previously examined.
- This authority is exercised when the evidence of such persons is deemed essential for a just decision in the case.
Question & Answers
What authority does Section 348 grant to the courts?
It allows courts to summon any person as a witness or examine individuals present at any stage of legal proceedings.
Can a court examine a person who was not formally summoned as a witness?
Yes, a court can examine any person in attendance, even if they were not summoned.
Is it possible for a court to recall witnesses?
Yes, courts can recall and re-examine any person already examined if their evidence is essential.
At what stage can this power be exercised?
This power can be exercised at any stage of an inquiry, trial, or other proceeding.
Under what condition will a court summon a person for examination?
A court will summon and examine a person if their evidence is deemed essential for a just decision of the case.
Example
- Scenario: During a trial, a witness is present in the courtroom but was not summoned.
- Outcome: The court may choose to examine this witness if their testimony is considered crucial for the case.
- Scenario: A previously examined witness provides new information relevant to the case.
- Outcome: The court can recall this witness for re-examination to clarify the new evidence.
Summary
Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to summon and examine witnesses, as well as recall previously examined individuals, at any stage of legal proceedings. This provision ensures that all relevant evidence can be presented and considered, contributing to the fair and just resolution of cases.
