The procedure for conducting trial and adducing evidence are laid down in the Criminal Procedure Code and Evidence Act. For example, Chapter 18 of the Cr.P.C. (Section 225-237) lays down the detailed step-by-step procedure for conducting trial in a Court of Session. This chapter lays down procedure relating to production of prosecution evidence and defence evidence. This is the general procedure, however, and wherever required, in the interest of justice, the court has the power to allow evidence at any later stage also, before the pronouncement of judgment.
For example, see Section 311 of the Cr.P.C.:
“311. Power to summon material witness, or examine person present.— Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, 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.”
This provision is quite wide and permits the court to examine any witness at any stage of the trial. If needed, an application can be made by a party to the case to the court for exercising this power.
Likewise, see Section 165 of the Evidence Act:
“165. Judge’s power to put questions or order production.—The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:
Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved:
Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under Sections 121 to 131, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under Section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.”
This section, inter alia, gives power to the court to order the production of any document or thing at any time in order to discover or to obtain proper proof of relevant facts. If needed, an application may be filed by a party to the court for this purpose.
Thus, the party concerned may have to take permission of the court for production of any relevant evidence at any stage of the trial, before pronouncement of the judgment, and the court has the power to permit the same if it is in the interest of justice. There is no limitation period in this regard, and no application for condonation of delay needs to be filed. However, of course, it may have to be explained why such evidence could not be submitted earlier and why it is essential in the interest of justice to submit such evidence at such late stage and the court will have to be convinced in this regard.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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