Section 311 of The Code of Criminal Procedure, 1973 III


Court is vested with a broad and wholesome power, in terms of Section 311, to summon and examine or recall and re-examine any material witness at any stage and closing of prosecution evidence is not an absolute bar; broad powers under Section 311 are to be governed by requirement of justice. Court is not a hapless bystander in derailment of justice. Court has a vital role to discharge in ensuring, cause of discovering truth as an aid in realization of justice is manifest.

Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 explained, Court cannot afford to be wishfully or blissfully ignorant or oblivious to serious pitfalls or dereliction of duty on part of prosecuting agency.  

Hon’ble Justice Dr. D.Y. Chandrachud, Varsha Garg v. State of Madhya Pradesh, [Criminal Appeal No. 1021 of 2022].



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