Section 311 CRPC Summoning of witness Object and scope of provision

• Section 311 CRPC Summoning of witness Object and scope of provision The object underlying Section 311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision of the case. The section is not limited only for the benefit of the accused, and it will not be an improper exercise of the powers of the Court to summon a witness under the Section merely because the evidence supports the case for the prosecution and not that of the accused. The section is a general section which applies to all proceedings, inquiries and trials under the Code and empowers Magistrate to issue summons to any witness at any stage of such proceedings, trail or enquiry

ZAHIRA vs STATE OF GUJARAT CRL-A 446/04 08/03/06 [ H. K. Sema JJ ]

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