Editorial correction — 28 September 2026
The earlier version incorrectly described the witness power as wholly discretionary and presented section 311 CrPC as the generally current provision. The provision has two limbs: the Court may summon, examine or recall a witness at any stage; it shall do so when the evidence appears essential to the just decision of the case. For proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the corresponding provision is section 348. BNSS section 531 repeals the CrPC but preserves the CrPC for appeals, applications, trials, inquiries and investigations pending immediately before BNSS commencement. Identify the procedural code that governs the specific file before citing either section.
The previous case table and broad practice statements have been removed pending verification of each case proposition from its primary judgment. This update corrects the statutory text and transition point only; no human legal review is claimed.
Law checked: 28 September 2026. Sources: India Code, Code of Criminal Procedure 1973, section 311; official BNSS text, sections 348 and 531;
Scope: India-wide statutory text for criminal proceedings; apply the transition rule to the individual case. This note does not address state-specific amendments, evidence rules or case-law limits on the exercise of discretion.
Short answer
CrPC section 311 and BNSS section 348 each set out a discretionary power and a mandatory duty. A Court may summon a person as a witness, examine a person present even if not summoned, or recall and re-examine a person already examined at any stage of an inquiry, trial or other proceeding under the relevant Code. If the evidence appears essential to the just decision, the Court shall exercise the power.
Which provision applies?
- Proceeding saved by BNSS section 531(2)(a): if an appeal, application, trial, inquiry or investigation was pending immediately before the BNSS came into force, it continues under the CrPC as then in force. For that file, cite section 311.
- Proceeding governed by the BNSS: cite section 348. The BNSS applies according to its commencement provisions and savings clause; section 531 supplies the transition rule for proceedings already pending immediately before commencement.
- Check the record before filing: identify when the proceeding began, whether it was pending at commencement, and any case-specific transitional order. Do not choose the section number by the date of the witness application alone.
Practical application checklist
- Name the witness or identify the person to be examined, and state whether this is a first summons, examination of a person present, or recall/re-examination.
- Identify the exact issue the proposed evidence addresses and explain why it is material to deciding the case.
- For the mandatory limb, connect the evidence to why it appears essential to the just decision; do not rely only on a general assertion that it will help the Court.
- Address procedural fairness, the opportunity for the other side to respond, and any appropriate terms or safeguards in the particular case. These are case-management considerations, not additional words in the statutory test.
- Verify applicable High Court rules, local practice directions and binding decisions before filing. This note does not validate the article’s former case summaries, which are omitted pending source-by-source review.
Primary sources
- Code of Criminal Procedure, 1973, section 311 (India Code).
- Bharatiya Nagarik Suraksha Sanhita, 2023, sections 348 and 531 (Ministry of Home Affairs official text).
Automated research disclosure: this correction and statutory comparison were prepared by automated review of the cited official texts. The case-law limits and state-specific rules require separate verification. Next review: 28 March 2027, or earlier if a relevant amendment or controlling decision is identified.
