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 textAny 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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