Code:
Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—
(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;
(b) also to call any further witness whom the Court may think to be material.
Explanation:
This section deals with the procedure to be followed when a charge against the accused is altered or added to by the Court after the commencement of the trial. It ensures that both the prosecution and the accused have a fair opportunity to present their case in light of the amended charge.
(a) Recalling and Re-examining Witnesses: The prosecutor and the accused are entitled to recall or re-summon any witness. The witness has been examined previously, to examine them in relation to the alteration or addition to the charge. This allows them to present evidence or address the new aspects of the charge.
Exceptions: The Court can prevent the recall or re-examination of a witness if it deems that the prosecutor or accused is attempting to use it for vexation, delay, or to obstruct justice. The court’s reasons for this decision must be recorded in writing.
(b) Calling New Witnesses: Both parties are allowed to call any further witnesses. The Court considers material to the amended charge. This ensures that all relevant evidence is presented before the court.
Illustration:
Consider a case where the initial charge against the accused was theft. During the trial, the prosecution discovers evidence suggesting that the accused also assaulted the victim. The court, based on this new evidence, decides to add a charge of assault to the original charge of theft. In this scenario, Section 240 would allow the prosecution to recall the victim to testify about the assault. They will also call any other witnesses who can provide evidence about the assault.
Common Questions and Answers:
- Q: What if the prosecution wants to add a new charge, but the accused wants to continue with the trial based on the original charge?
- A: In such a situation, the court has the power to decide whether to allow the addition of the new charge or proceed with the original charge. The court will consider factors such as the stage of the trial, the nature of the new charge, and the potential prejudice to the accused.
- Q: Can the accused prevent the prosecution from recalling a witness?
- A: While the accused has the right to challenge the recall of a witness, the court ultimately decides whether the recall is justified. The accused can argue that the recall is vexatious, delaying, or intended to defeat justice.
- Q: Who decides which witnesses are considered “material” for the amended charge?
- A: The court has the final say on which witnesses are deemed material to the amended charge. The prosecutor or accused can suggest witnesses, but the court’s decision is binding.
