Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 348
Code:
348. Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as 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.
Explanation:
This section grants wide powers to the Court in summoning and examining witnesses during any stage of an inquiry, trial, or other proceeding under the BNSS. It empowers the Court to:
- Summon any person as a witness.
- Examine any person present in the court, even if they are not summoned as a witness.
- Recall and re-examine any person already examined.
The Court is obligated to summon, examine, or recall and re-examine any person if it believes their evidence is crucial for a fair and just decision in the case.
Illustration:
Suppose during a trial, a witness is giving testimony, and the Court believes that another person present in the courtroom has information relevant to the case. The Court can then examine that person, even though they were not initially summoned as a witness.
Common Questions & Answers:
Q1. Can the Court summon a witness even if they are not a party to the case?
Yes. Section 348 allows the Court to summon any person as a witness, regardless of whether they are a party to the case or not.
Q2. Can the Court examine a person who is not a witness in the case?
Yes. The Court has the power to examine any person present in the courtroom, even if they are not a witness, if it believes their testimony is relevant to the case.
Q3. Can the Court recall a witness who has already been examined?
Yes. The Court can recall and re-examine any witness already examined, if it believes their testimony needs further clarification or additional information is required.
Q4. What is the basis for the Court to summon or recall a witness?
The Court must believe that the witness’s evidence is essential for a just decision in the case. This means the Court must consider whether the witness’s testimony is relevant, credible, and potentially significant in determining the outcome of the case.
