Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 348
Code: Section 348 BNSS
348.
Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, 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.
Explanation of Section 348 BNSS
Section 348 of the Bharatiya Nyaya Sanhita (BNSS), 2023, grants Courts the authority to summon, recall, and re-examine witnesses at any stage of an inquiry, trial, or proceeding. This provision ensures that all relevant evidence can be brought before the Court, allowing for a just and fair decision.
Key Provisions of Section 348 BNSS
- Summoning New Witnesses: The Court can summon any person to testify, even if they were not initially listed as a witness.
- Examining Present Individuals: If a person is already in attendance at the Court, they can be examined as a witness, even if they were not summoned.
- Recalling and Re-examining Witnesses: A Court can recall and re-examine any witness who has already testified if it finds that additional questioning is necessary for justice.
- Mandatory Action: If the Court determines that a person’s testimony is essential to the case, it must summon and examine them.
This section upholds the principles of fairness and completeness in judicial proceedings by ensuring that all crucial evidence is considered before reaching a decision.
Illustration
Example 1: Calling an Additional Witness
A person is being tried for theft, and during the trial, new evidence suggests that another individual witnessed the incident. Under Section 348, the Court can summon that individual to testify, even though they were not originally listed as a witness.
Example 2: Recalling a Witness for Clarification
During a murder trial, a key witness provides conflicting testimony. The Court, believing that further questioning is necessary for justice, recalls the witness for re-examination to clarify the discrepancies.
Example 3: Examining a Person Already Present in Court
A businessman accused of fraud is on trial, and one of his employees is attending the proceedings. The Court, realizing that the employee may have crucial information, decides to examine him as a witness under Section 348.
Common Questions and Answers on Section 348 BNSS
1. Can the Court summon a witness who was not originally listed?
Yes. Section 348 empowers the Court to summon any person as a witness, even if they were not included in the original witness list.
2. Can a witness be re-examined after they have already testified?
Yes. The Court can recall and re-examine any person who has already given testimony if it finds their further testimony necessary for justice.
3. Is it mandatory for the Court to summon a person if their testimony is crucial?
Yes. If the Court determines that a person’s evidence is essential for a just decision, it must summon and examine them.
4. At what stage of the trial can Section 348 be used?
Section 348 can be invoked at any stage of an inquiry, trial, or other judicial proceedings.
5. Can a person attending the trial be examined as a witness without being formally summoned?
Yes. If a person is already present in Court, the Court can examine them as a witness, even without an official summons.
Conclusion
Section 348 BNSS plays a crucial role in ensuring that all necessary witnesses and testimonies are available for a fair and just trial. By allowing the Court to summon, recall, and re-examine witnesses at any stage, this provision strengthens the integrity of judicial proceedings and ensures that justice is served effectively.
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