KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document “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 as a witness, or examine any person in attendance, summoned as a witness, or, recall and re 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 "Object underlying Section 311 Cr.P.C is that there may not be failure of justice on account of mistake of either party in valuable evidence on record or statements of the witnesses examined from either side. determinative factor is whether it is essential to the just decision of the case. The significant expression that occurs is 'at any stage of enquiry or trial or other however, to be borne in mind that the conferred under Section 311 CrPC has to be exercised 311. Power to summon material witness, or examine person Court may, at any stage of any inquiry, trial or Code, summon any person as a witness, or examine any person in attendance, though not or, recall and re-examine any person examined; and the Court shall summon and examine or any such person if his evidence appears to it to be essential to the just decision of the case.” "Object underlying Section 311 Cr.P.C is that there may not be on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision The significant expression that occurs is 'at any stage of enquiry or trial or other proceeding under this Code'. It is however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised 311. Power to summon material witness, or examine person Court may, at any stage of any inquiry, trial or Code, summon any person as a though not examine any person examined; and the Court shall summon and examine or any such person if his evidence appears "Object underlying Section 311 Cr.P.C is that there may not be bringing leaving ambiguity in the The determinative factor is whether it is essential to the just decision The significant expression that occurs is 'at any proceeding under this Code'. It is discretionary power conferred under Section 311 CrPC has to be exercised KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document judiciously, as it is always said wider the power, greater is the necessity of caution while exercise of judicious discretion." "11. It is well settled that the power conferred under Section 311 should be invoked by the court only to meet the ends of justice. The power is to be exercised and it should be exercised with great caution circumspection. The court has vide power und even recall witnesses for reexamination or further examination, necessary in the interest of justice, but the same has to be exercised after taking into consideration the facts circumstances of each case. The power under this provisi shall not be exercised if the court is of the view that the application has been filed as an judiciously, as it is always said wider the power, greater is the caution while exercise of judicious discretion." power conferred under Section 311 invoked by the court only to meet the ends of justice. only for strong and valid reasons and it should be exercised with great caution and circumspection. The court has vide power under this section to witnesses for reexamination or further examination, justice, but the same has to be exercised after taking into consideration the facts and circumstances of each case. The power under this provision exercised if the court is of the view that the application has been filed as an abuse of the process of law." judiciously, as it is always said wider the power, greater is the power conferred under Section 311 invoked by the court only to meet the ends of justice. only for strong and valid reasons and er this section to witnesses for reexamination or further examination, justice, but the same has to be and on exercised if the court is of the view that the KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document