Recall of Witnesses when charge altered
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Summary
If the Court alters or adds a charge after the trial has begun, the prosecutor and the accused may recall or re-summon any witness and re-examine them about that change. The Court can refuse recall if it records in writing that the request is meant only to harass, delay, or defeat justice. The Court may also call any further witness it considers material.
Example
Rohan is on trial for cheating, but midway the Court adds a charge of criminal breach of trust. The prosecutor re-summons Priya, a bank clerk who had already been examined, to address the new charge, and Rohan’s lawyer is allowed to re-examine her. The Court can refuse the recall if it records that the request is to harass or delay.
Bare Act
Enacted textWhenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed-
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(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;
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(b) also to call any further witness whom the Court may think to be material.
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