Power to summon material witness, or examine person present
AI Assist
Summary
A court can summon any person to give evidence at any stage of an inquiry, trial or other proceeding. It may also examine someone who is present though not formally summoned, and can recall and re-examine witnesses. If the court thinks a person’s evidence is essential for a just decision, it must summon and examine them.
Example
During a theft trial, Priya sitting in the public gallery tells the judge she saw the accused near the shop. The judge can question Priya even though she was not summoned, and if her testimony appears essential to a just decision the court must summon and examine her.
Bare Act
Enacted textAny 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.
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