The court has the power under Section 311 of the Criminal Procedure Code to recall a witness for his examination at any stage of the trial:
“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 section clearly shows that the court has a vast power to recall and re-examine a witness during the course of a trial under the Criminal Procedure Code. Of course, it goes without saying that “witness” also includes the “complainant”.
However, as I have pointed out in Power of court to recall and re-examine a witness in trial under Section 311 Cr.P.C., the power of the court to recall and re-examine a witness during a trial is quite wide, but this power is not to be exercised for filling up the lacunae in the prosecution case. Such witness should be recalled, if it is necessary, for a just decision of the case or to determine the truth.
If you feel that the complainant is being recalled to fill up the lacunae in the prosecution case, you may object to the same and if it is important for your case, you may challenge the decision of the trial court for recall of the complainant in the higher courts.
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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