Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed— (a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice; (b) also to call any further witness whom the Court may think to be material. B.—Joinder of charges
Bharatiya Nagarik Suraksha Sanhita
Section 240
Recall of witnesses when charge altered
Englishहिंदी
⚡ Quick Answer Reference: Section 240 BNSS
- Provision: Section 240 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE CHARGE
- Jurisdiction: India
- Summary: When a court changes or adds a charge during a trial, both the prosecutor and the accused can ask to recall or re-examine a witness who has already testified. This is to help them understand the new charge. The court can refuse if it thinks the request is just to cause delays or to unfairly influence the case.
Statutory Content
What does Section 240 of BNSS say?
Indian StandardSection 240, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 240 (India)
Court Pleading StandardSection 240 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/240
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 240 of BNSS mean?
Plain English Explanation
When a court changes or adds a charge during a trial, both the prosecutor and the accused can ask to recall or re-examine a witness who has already testified. This is to help them understand the new charge. The court can refuse if it thinks the request is just to cause delays or to unfairly influence the case.
Practical Interpretation
In practice, this section allows the prosecutor and the accused to adjust their strategies as the trial progresses. It's a way to ensure that both sides have a fair chance to present their case, even if the charges change.
Core Legal Purpose
The core purpose of this section is to ensure that the prosecutor and the accused have a fair opportunity to present their case, even if the charges change during the trial.
Key Legal Elements
- •A charge is altered or added to by the Court after the commencement of the trial.
- •The prosecutor and the accused shall be allowed to recall or re-summon and examine a witness who may have been examined.
- •The Court may consider that the prosecutor or the accused desires to recall or re-examine a witness for the purpose of vexation or delay or for defeating the ends of justice.
- •The Court may think a further witness is material and allow them to be called.
Practical Example
Practical Example of Section 240 BNSS
Rajesh is on trial for theft. During the trial, the court adds a new charge of burglary. Rajesh's lawyer wants to recall a witness who testified earlier about the theft to ask them about the new charge. The court allows this, as it's relevant to the new charge. Meanwhile, the prosecutor wants to call a new witness who has information about the burglary. The court considers this witness material and allows them to be called.
Common Questions (FAQ)
Frequently Asked Questions about Section 240 BNSS
Q: What is the punishment or consequence under Section 240 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision governing the conduct of trials.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 240 BNSS
What is Section 240 of BNSS?
Section 240 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Recall of witnesses when charge altered". In plain terms: When a court changes or adds a charge during a trial, both the prosecutor and the accused can ask to recall or re-examine a witness who has already testified. This is to help them understand the new charge. The court can refuse if it thinks the request is just to cause delays or to unfairly influence the case.
What is the punishment under Section 240 of BNSS?
Section 240 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 240 of BNSS bailable or non-bailable?
Whether Section 240 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 240 of BNSS?
The essential elements of Section 240 of BNSS are: A charge is altered or added to by the Court after the commencement of the trial.; The prosecutor and the accused shall be allowed to recall or re-summon and examine a witness who may have been examined.; The Court may consider that the prosecutor or the accused desires to recall or re-examine a witness for the purpose of vexation or delay or for defeating the ends of justice..
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