Section 240 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 240 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure when a charge is altered or added during the course of a trial. Here's a detailed explanation
🧾 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
Recall or Re-summon Witnesses: 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.
Call Further Witnesses: Also to call any further witness whom the Court may think to be material.
⚖️ Legal Context and Comparison
This provision is analogous to Section 217 of the Indian Penal Code (IPC), which deals with the recall of witnesses when a charge is altered. Both provisions ensure that when charges are modified during a trial, the parties involved have the opportunity to re-examine witnesses or call additional ones to address the changes.
🔍 Practical Implications
For the Court: Ensures that any alterations to charges are thoroughly examined, maintaining the fairness of the trial.
For the Prosecutor and Accused: Provides an opportunity to address the new or altered charges by recalling witnesses or introducing new ones, ensuring a comprehensive presentation of the case.
For Legal Practitioners: Facilitates the preparation of the case in light of charge alterations, ensuring that all relevant evidence is considered.
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