Section 240: Recall of witness when charge altered
The procedure in Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details how an alteration or addition of charges against an accused during a trial is to be followed. This provision is crucial for the purpose of providing an adequate opportunity for both the prosecution and the defense to adapt their cases, thereby allowing the additional evidence or witnesses to be presented as a result of the changes in the charges.
Whenever the indictment against a defendant is changed or supplemental charges are added, the prosecution and the defense may recall or resummon any witness who has testified in the case for the purpose of examining him with respect to the new or amended charges.
The court can reject the petition for recalling of witnesses only in case it considers that such petition is presented for an improper motive, namely in order to prolong or cause an undue delay or vexation, or to obstruct or delay justice. If the court dismisses the petition to recall,then it
must enter in writing the grounds for rejecting such a petition.
In addition, both the prosecution and the defense may summon new witnesses that the court deems appropriate to address new or amended charges. This section guarantees that every piece of relevant evidence is provided so that it can be fairly and exhaustively reviewed in consideration of the amends to the charges.
The right to recall witnesses is integral to maintaining the fairness of the trial. It ensures that both parties can address any changes to the charges and present new evidence or testimony, thereby upholding the integrity of the judicial process.
