A.
Dear Client,
Under Section 311 of the CrPC now Section 348 of BNSS, the court itself, the prosecution, or the accused can apply for recalling a witness. However, a witness does not have an independent right to file a recall petition directly.
If a witness wants to be examine again then the witness should approach the prosecution, which can file the recall application on their behalf if there are valid grounds e.g., new facts, missed evidence.
Moreover, under section 311 CrPC does not expressly grant a witness the right to file a recall petition, in certain cases the witness may file a petition through their own lawyer seeking the court's permission to be heard. The court has discretion to permit this if it serves the ends of justice.
Posted On 11-Mar-2025
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