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 re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
Bharatiya Nagarik Suraksha Sanhita
Section 348
Power to summon material witness, or examine person present
Englishहिंदी
⚡ Quick Answer Reference: Section 348 BNSS
- Provision: Section 348 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section allows any court to summon a person as a witness or examine someone present at any stage of a proceeding under this act if their evidence is crucial for a just decision.
Statutory Content
What does Section 348 of BNSS say?
Indian StandardSection 348, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 348 (India)
Court Pleading StandardSection 348 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/348
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 348 of BNSS mean?
Plain English Explanation
This section allows any court to summon a person as a witness or examine someone present at any stage of a proceeding under this act if their evidence is crucial for a just decision.
Practical Interpretation
In practice, this section gives courts the flexibility to gather essential evidence by summoning or examining witnesses at any point during proceedings, ensuring a fair trial.
Core Legal Purpose
The core purpose is to enable courts to gather all necessary evidence to make a just decision in a case, by allowing them to summon or examine witnesses as needed.
Key Legal Elements
- •The court must be conducting an inquiry, trial, or other proceeding under this Sanhita.
- •The person's evidence must appear essential to the court for a just decision of the case.
- •The key legal test is whether the person's evidence is essential for a just decision.
- •There is no explicit exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 348 BNSS
In a case before the Mumbai Court, Rajesh is accused of a violation under the Bharatiya Nagarik Suraksha Sanhita. During the trial, it becomes apparent that Priya, a bystander, has crucial information. The court can summon Priya as a witness or examine her if she is already present, to ensure all relevant evidence is considered for a just decision.
Common Questions (FAQ)
Frequently Asked Questions about Section 348 BNSS
Q: What is the punishment or consequence under Section 348 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 any person whose evidence appears essential to the court for a just decision, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence, so it is neither bailable nor cognizable; it is a procedural provision related to the power of the court to summon or examine witnesses.
People Also Ask (PAA)
Common Questions about Section 348 BNSS
What is Section 348 of BNSS?
Section 348 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to summon material witness, or examine person present". In plain terms: This section allows any court to summon a person as a witness or examine someone present at any stage of a proceeding under this act if their evidence is crucial for a just decision.
What is the punishment under Section 348 of BNSS?
Section 348 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 348 of BNSS bailable or non-bailable?
Whether Section 348 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 348 of BNSS?
The essential elements of Section 348 of BNSS are: The court must be conducting an inquiry, trial, or other proceeding under this Sanhita.; The person's evidence must appear essential to the court for a just decision of the case.; The key legal test is whether the person's evidence is essential for a just decision..
Landmark Case Laws
Landmark Judgments under Section 348 BNSS
Patnahcucisdb94 High Court (10 8)
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