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BNSS, 2023
Start Practicing
BNSSChapter XXVISection 348
Section348

Power to summon material witness, or examine person present

AI Assist

Summary

Any court can summon a person to give evidence at any stage of an inquiry, trial, or other proceeding, examine someone who is present though not formally summoned, and recall and re-examine witnesses. If the court thinks a person’s evidence is essential for a fair decision, it must summon and examine or re-examine that person.

Example

Priya files an FIR about a stolen scooter. At the hearing a neighbour, Rohan, is sitting in court though he was not summoned; the court can examine Rohan about what he saw. If the judge finds Rohan’s testimony essential to a fair outcome, the court must summon and formally examine or re-examine him.

Bare Act

Enacted text

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.

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XXVI

Chapter XXVI

General Provisions as to Inquiries and Trials

In this chapter

  • 337Person once convicted or acquitted not to be tried for same offence
  • 338Appearance by Public Prosecutors
  • 339Permission to conduct prosecution
  • 340Right of person against whom proceedings are instituted to be defended
  • 341Legal aid to accused at State expense in certain cases
  • 342Procedure when corporation or registered society is an accused
  • 343Tender of pardon to accomplice
  • 344Power to direct tender of pardon
  • 345Trial of person not complying with conditions of pardon
  • 346Power to postpone or adjourn proceedings
  • 347Local inspection
  • 348Power to summon material witness, or examine person present
  • 349Power of Magistrate to order person to give specimen signatures or handwriting, etc
  • 350Expenses of Complainants and witnesses
  • 351Power to Examine accused
  • 352Oral arguments and memorandum of arguments
  • 353Accused person to be competent witness
  • 354No influence to be used to induce disclosure
  • 355Provision for inquiries and trial being held in absence of accused in certain cases
  • 356Inquiry, trial or judgment in absentia of proclaimed offender
  • 357Procedure where accused does not understand proceedings
  • 358Power to Proceed against other persons appearing to be guilty of offence
  • 359Compounding of offences
  • 360Withdrawal from prosecution
  • 361Procedure in cases which Magistrate cannot dispose of
  • 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  • 363Trial of persons previously convicted of offences against coinage, stamp-law or property
  • 364Procedure when Magistrate cannot pass sentence sufficiently severe
  • 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  • 366Court to be open
Previous · Section 347Local inspectionNext · Section 349Power of Magistrate to order person to give specimen signatures or handwriting, etc