Recall of witnesses when charge altered
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Summary
When the court changes or adds a charge after the trial has begun, the prosecutor and the accused may recall or re-summon any witness already examined and re-examine them about the new or altered charge. The court can refuse recall only if it records in writing that the request is for vexation, delay, or to defeat justice. The court may also call any additional witness it considers material.
Example
Priya is on trial for cheating and during the trial the court adds an additional charge of forgery. The prosecutor wants to ask a witness already examined about the new forgery charge; under this section the witness can be re-summoned and re-examined unless the court records that the recall is sought for vexation, delay, or to defeat the ends of justice. The court may also call other witnesses it finds material.
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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