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:
Section 217 states that if the charge against an accused is amended during the trial, the court has the power to recall any witness already examined for the purpose of re-examination on the amended charge. This section is essential to ensure a fair trial and to allow witnesses to provide testimony relevant to the new charge.
Illustration: CrPC Section 217
Imagine a case where the original charge was theft. During the trial, the prosecution amends the charge to robbery. In this scenario, the court can, under Section 217, recall witnesses who had already testified about the theft to clarify their testimony in light of the new charge.
Common Questions and Answers:
Q: Is the court obligated to recall witnesses when the charge is amended?
A: No, the court has the discretion to recall witnesses or not. It will consider factors like the nature of the amendment and the extent to which it affects the previous testimony.
Q: Can the defense request the recall of a witness under Section 217?
A: Yes, the defense can also request the recall of a witness for re-examination, if the amendment affects the defense strategy.
Q: What happens if a witness is unavailable for recall?
A: If a witness is unavailable, the court may consider other evidence or proceed with the trial based on the available evidence.
