Section 311 CRPC.

This query is : Resolved 

Querist : Anonymous (Querist)
22 June 2011

311. Power to summon material witness, or examine person present.

Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

Question: can we say that this section is only applicable to the criminal cases only because the [[[[under this Code]]]]]] is given.

Also we all know that we have to submitted the list of the witness that we have which will be chief examine or cross examine by the Prosecutor. But as we have not add the name under the list of any witness & we want to summons him as the witness at a later stage than can we go through section 311 of the crpc or any other section we have to file a application. I think yes because the words [[[[[[summon any person it’s a witness]]]]]]].

Guest (Expert)
23 June 2011

your query is squarely come under the purview of 311 of Cr.P.C. No other provision is required

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