Section 321 of the Bharatiya Sakshya Adhiniyam, 2023
Certainly! Since you asked for a detailed explanation of Section 321 of the Bharatiya Sakshya Adhiniyam, 2023, but the exact text is not readily available, I’ll help by outlining how such a section might typically be structured and its possible significance based on the Act’s overall purpose.
How to Understand
Note: The Act modernizes Indian evidence law, focusing on rules about admissibility, authenticity, and evaluation of evidence in courts.
Possible Subject Matter of Section 321
Section 321, based on its numbering and context within the Act, might relate to special provisions concerning evidence, such as:
Re-examination of witnesses,
Recall of witnesses,
Court’s power to ask questions,
Conditions under which evidence may be reconsidered,
Procedural safeguards in evidence collection or presentation.
Typical Provisions in a Section Like 321
Power to Re-Examine or Recall Witnesses:
The court may allow a party to re-examine a witness after cross-examination to clarify or explain answers.
The court may recall a witness to give further testimony if new evidence or points arise.
Court’s Authority to Question Witnesses:
The judge may ask questions directly to witnesses to clarify facts.
This helps in assessing the credibility and completeness of testimony.
Conditions or Limitations:
Such re-examination or recall is generally restricted to matters arising during cross-examination.
The court exercises discretion to ensure fairness and avoid abuse.
Ensuring Fair Trial:
These provisions help in uncovering truth and ensuring that all relevant evidence is considered.
It balances the right to a fair trial with procedural efficiency.
Why is this Important?
The power to re-examine or recall witnesses ensures that incomplete or ambiguous evidence can be clarified.
It helps the court to prevent miscarriage of justice by ensuring all relevant facts are thoroughly explored.
Enhances the fact-finding process by allowing the court to intervene actively.
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