Code of Criminal Procedure, 1973

Section 311

Power to summon material witness, or examine person present

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⚡ Quick Answer Reference: Section 311 CrPC

Provision: Section 311 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section allows any court to summon a person as a witness, examine someone present, or recall a previously examined person at any stage of a case if their evidence is crucial for a just decision.

Statutory Content

What does Section 311 of CrPC say?

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, 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.

Indian StandardSection 311, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 311 (India)

Court Pleading StandardSection 311 of the Code of Criminal Procedure, 1973

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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 311 of CrPC mean?

Plain English Explanation

This section allows any court to summon a person as a witness, examine someone present, or recall a previously examined person at any stage of a case if their evidence is crucial for a just decision.

Practical Interpretation

In practice, courts use this section to ensure all relevant evidence is considered by summoning or recalling witnesses whose testimony is essential for a fair outcome, even if it means reopening a case.

Core Legal Purpose

The core purpose is to enable courts to gather all necessary evidence to make a just decision, ensuring that no crucial testimony is overlooked, thereby upholding the principles of natural justice.

Key Legal Elements

•The court must be at any stage of an inquiry, trial, or other proceeding under the Code of Criminal Procedure.
•The person's evidence must appear essential to the court for a just decision of the case.
•The key legal test is whether the evidence appears essential to the court for a just decision.
•There is no explicit exception or limitation mentioned in this section, but the court's discretion is guided by the necessity of the evidence for a just decision.

Practical Example

Practical Example of Section 311 CrPC

In a murder trial, the court realizes a key witness, Rajesh, was not summoned. Using Section 311, the court summons Rajesh to testify, as his evidence is crucial for determining the accused's guilt. This ensures a fair trial by considering all vital evidence.

Common Questions (FAQ)

Frequently Asked Questions about Section 311 CrPC

Q: What is the punishment or consequence under Section 311 of CrPC?

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 the court's power to summon or examine any person, regardless of whether they are a private individual or a public entity, if their evidence is essential for a just decision.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences but rather with the court's procedural powers, so it is neither bailable nor cognizable in the context of defining an offence.

Common Questions about Section 311 CrPC

What is Section 311 of CrPC?

Section 311 of the Code of Criminal Procedure, 1973 (CrPC) 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, examine someone present, or recall a previously examined person at any stage of a case if their evidence is crucial for a just decision.

What is the punishment under Section 311 of CrPC?

Section 311 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 311 of CrPC bailable or non-bailable?

Whether Section 311 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 311 of CrPC?

The essential elements of Section 311 of CrPC are: The court must be at any stage of an inquiry, trial, or other proceeding under the Code of Criminal Procedure.; The person's evidence must appear essential to the court for a just decision of the case.; The key legal test is whether the evidence appears essential to the court for a just decision..

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