Section 348 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 348 - Power of the Court to Summon, Examine, and Re-Examine Witnesses
Overview:
Section 348 of the BNSS, 2023, empowers the court to summon any person as a witness, examine any person present in court, or recall a previously examined witness for further examination if their testimony is necessary for the just and fair disposal of a case.
Key Points:
Summoning Witnesses:
The court has the authority to summon any individual as a witness, even if that person was not initially listed or summoned by the parties involved in the case.
This means the court can call anyone it deems necessary to provide relevant evidence for the case.
Examining Persons Present in Court:
If a person is present in the courtroom during the trial or hearing, the court can question or examine them as a witness, regardless of whether they were formally summoned.
This provision ensures that any potential evidence can be explored fully without procedural limitations.
Re-Examining Witnesses:
The court may recall a witness who has already been examined to clarify or further investigate any points that are important for the case.
This is useful if new information comes to light or if the court needs to resolve ambiguities in the testimony.
Mandatory Use of this Power:
If the court considers the testimony of any person necessary for delivering a just and fair verdict, it is obligated to summon or re-examine that person.
This ensures that the court actively seeks all relevant evidence and testimony needed for justice.
Importance of Section 348:
Ensures Fairness and Transparency: By giving the court broad powers to summon and examine witnesses, this section helps ensure that all relevant facts and evidence are considered.
Prevents Injustice Due to Technicalities: Sometimes, parties may not summon all witnesses or evidence. This section prevents potential injustice by allowing the court to step in and summon necessary witnesses on its own.
Similar to Section 311 of CrPC (Code of Criminal Procedure): Section 348 closely mirrors the powers given to courts under Section 311 of the CrPC, which allows courts to summon and examine witnesses to ensure that justice is served.
Practical Application:
During a trial, if the judge feels that a certain person’s testimony is crucial, even if the defense or prosecution did not request that person to be summoned, the judge can call them.
If a witness has already testified but the court finds some gaps or new issues, the judge can ask that witness to come back for further questioning.
This section thus equips the judiciary with flexible tools to uncover the truth and avoid wrongful decisions.
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