In Mohsin Khan v. State of Delhi, the Delhi High Court, on August 21, 2025, held that a witness in a POCSO case cannot be recalled without a cogent and justifiable reason. Justice Swarana Kanta Sharma emphasized the need for expeditious trials under the POCSO Act. She ruled that recall applications must not be used to fill procedural gaps or delay the proceedings.
The bench noted Section 348 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 grants courts the discretion to recall witnesses. But this power must be exercised cautiously and sparingly, and only when the testimony is essential for justice. Vague or unspecified requests, such as those seeking “clarification” without detailing the nature of discrepancies, do not meet the threshold. In the case at hand, the accused sought to recall a medical professional involved in examining the victim, but failed to specify any concrete grounds or discrepancies warranting re-testimony; the Court dismissed the plea accordingly.
Why It Matters
This judgment reinforces the protective intent of the POCSO Act by preventing unnecessary procedural delays and safeguarding minors from prolonged legal trauma. It urges that recall is not a right, it is an exception reserved for legitimate, court oriented needs.
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Consult a legal professional if you recall of a witness has been sought or denied in your case, ensure applications are grounded in clear, specific legal needs.
