CrPC Section 311
Section 311 of the Code of Criminal Procedure (CrPC), 1973 (India):
🔹 Section 311 – Power to Summon Material Witness or Examine Person Present
🔍 Bare Act Language (Simplified):
At any stage of any inquiry, trial, or other proceeding under the CrPC, the court has the power to:
Summon any person as a witness, or
Examine any person in attendance, even if not summoned, or
Recall and re-examine any person already examined,
If the court considers their evidence essential to the just decision of the case.
✅ Key Points:
This power can be exercised at any stage of a case.
The purpose must be justice — to ensure all relevant facts are brought before the court.
This applies to both prosecution and defence witnesses.
The court can act suo motu (on its own) — no party needs to apply.
🎯 Objective of Section 311:
To ensure that the court has all necessary evidence before delivering a verdict.
To correct any gaps or omissions in the interest of justice.
Prevents miscarriage of justice due to lack of crucial testimony.
⚖️ Important Case Law:
Rajendra Prasad v. Narcotic Cell (1999) – The Supreme Court held that even if a witness was not examined earlier due to some lapse, the court can still call them later if it is necessary for justice.
Mohanlal Shamji Soni v. Union of India (1991) – Reiterated that the power under Section 311 is wide and discretionary, but must be used judiciously and not arbitrarily.
🚫 Limits to the Power:
Cannot be used to fill in loopholes deliberately left by a party.
Should not be used to delay proceedings unnecessarily.
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