Introduction to Section 348 BNSS
Section 348 BNSS is a very important part of the Bharatiya Nagarik Suraksha Sanhita, 2023. It gives power to the court to summon or recall witnesses at any stage of a criminal inquiry or trial. This section helps in collecting full and truthful evidence. It ensures that justice is not affected by missed or incomplete witness testimonies. This provision keeps the court flexible and fair.
What is BNSS Section 348 ?
BNSS Section 348 gives courts the power to call or re-call any person as a witness at any stage of a criminal case.
It ensures that important testimony is not missed during a trial or inquiry. The court can examine someone who is present even if not formally summoned. This section is used to support fair judgment through complete evidence.
BNSS Section of 348 in Simple Points
1. Court’s Right to Call Witnesses Anytime
BNSS Section 348 empowers any court to summon a witness at any stage of a criminal inquiry or trial. This flexibility ensures that even if a witness was missed earlier, they can still be included to give evidence. This helps the court collect all necessary facts before deciding the case. It prevents delay or injustice due to technical errors or omissions. The court does not need any special permission to use this power. The judge only needs to feel that the person’s statement is necessary. This authority helps in maintaining the balance of justice.
2. Power to Examine Anyone Present in Court
The court can also examine any person who is present in court, even if they have not been summoned. Sometimes, someone may be attending the trial as a visitor or observer and might know something important. In such situations, the judge can question them on the spot. This ensures no useful evidence is ignored just because the person wasn’t listed as a formal witness. It gives the court freedom to gather real-time information. This clause protects the truth and the rights of both sides. It encourages a more complete and honest trial.
3. Recalling and Re-examining Past Witnesses
BNSS Section 348 allows the court to recall a witness who has already given testimony earlier. The judge can ask them new questions or clarify previous answers. This becomes necessary when new facts are found or if previous testimony was confusing. Re-examination can also help if a lawyer wants to question the same witness again. It keeps the legal process dynamic and allows fresh angles in evidence to emerge. The court ensures this is done only if it helps justice. Re-examining avoids misunderstandings and supports a stronger case.
4. Mandatory Action if Testimony is Essential
If the court finds that someone’s evidence is very important to reach a fair decision, then it must act under Section 348. It is not just a power but a responsibility of the judge. The court must call or re-call the person to testify. This section protects against unfair judgments due to missing evidence. It also helps avoid appeals and retrials that happen due to weak case presentation. The goal is to make sure no important fact is left out. The court’s duty to justice becomes clear under this part of the law.
5. Ensuring Fair and Complete Justice
Section 348 plays a key role in maintaining fairness throughout the trial process. It ensures both the accused and the prosecution get a full chance to present their side. The court acts like a neutral body that listens to every voice that matters. Even a small piece of forgotten or late evidence can be introduced if needed. This removes the fear of injustice due to strict technical rules. It shows that our legal system values truth and fairness more than rigid procedures. This section makes trials more reliable and just.
348 BNSS Overview
BNSS Section 348 allows the court to:
- Summon a new person as a witness,
- Examine someone who is present but not called officially,
- Recall and re-examine someone already examined.
The court must do this if it feels that a person’s testimony is necessary for a just and fair decision. This helps in correcting any mistakes or missing facts and ensures a strong and just trial process.
Power to Summon Material Witness or Examine Present Person : 10 Key Points of BNSS Section 348
1. Power to Summon at Any Stage of Trial
BNSS Section 348 gives the court the authority to summon any person as a witness at any stage of inquiry, trial, or proceeding. This means that even if the trial is almost complete, the court can still bring in a new witness if needed. This helps the judge get complete and accurate information. It ensures justice is not denied due to missing testimonies. The provision keeps the trial dynamic and open to correction. Even late-stage evidence can be considered. This promotes flexibility and fairness in criminal trials.
2. Examination of Person Already Present in Court
The court may examine any person who is already present in the courtroom, even if they were not formally summoned as a witness. Sometimes people may be present for unrelated reasons but might have crucial knowledge about the case. BNSS 348 allows such spontaneous opportunities to be used effectively. This makes the court’s decision-making more thorough. It helps avoid the delay of sending formal summons. The goal is to uncover the truth from all possible sources. Justice becomes more accessible and evidence more complete.
3. Right to Recall and Re-examine Witnesses
Under this section, the court has the power to recall and re-examine any person who has already been examined. This may happen when a doubt arises, or new facts need to be clarified. It prevents injustice due to incomplete or unclear testimony. Re-examination can fill gaps and clarify confusing statements. This tool is especially helpful in complex or serious criminal matters. It also benefits both prosecution and defence. Accuracy in testimony ensures that the final decision is well-informed.
4. Mandatory Action if Evidence is Essential
If the court believes that a person’s evidence is essential for a just decision, it must summon and examine or re-examine that person. This provision is not optional—it’s a legal duty for the court. It ensures that justice is prioritized over technicalities. Even if the person was missed earlier, the court cannot ignore their potential contribution. This mandatory action strengthens the reliability of the final verdict. It protects the rights of the accused and the victim alike. No case should be decided with critical evidence missing.
5. Promotes Truth and Completeness in Trials
BNSS 348 plays a vital role in promoting complete truth-seeking in trials. It allows judges to go beyond formal witness lists and explore new or overlooked sources of information. It empowers the judiciary to actively seek justice rather than passively rely on what is presented. By summoning or re-calling witnesses, the court ensures that all facts are on the table. This section acts as a corrective tool when earlier evidence is insufficient. The overall aim is justice, not just procedure. It keeps the court focused on the bigger picture.
6. Covers All Stages of Proceedings
The power under Section 348 applies during all stages—whether it’s investigation, inquiry, or trial. This broad application gives the court continuous oversight and intervention rights. Even in appeals or post-charge-sheet proceedings, the court can take action. This means a crucial witness cannot be ignored simply because the case has progressed. The law recognises that truth can emerge at any time. It helps courts remain agile and proactive. The wider scope adds depth to the justice system.
7. Applicable to All Types of Criminal Cases
Section 348 is not limited to serious or minor cases—it applies to all cases under BNSS. This makes the law consistent and fair for everyone, whether the offence is small or serious. The same rule of evidence applies to all parties. The right to bring in necessary testimony is universal. It ensures that every accused and every victim has a fair opportunity. This uniformity builds trust in the judicial system. There are no special exceptions, promoting equality before law.
8. Helps Correct Mistakes or Oversights
In many cases, evidence might be unintentionally skipped or forgotten. BNSS 348 allows the court to correct such mistakes without restarting the entire process. If new information is discovered or a witness was missed, the court can take necessary steps. This avoids injustice due to procedural errors. It adds a second layer of review without formal appeals. Judges are empowered to act swiftly when new facts come up. It improves the overall quality and outcome of trials.
9. Prevents Miscarriage of Justice
By allowing additional or repeat testimonies, this section ensures that trials are not concluded with incomplete understanding. This provision is a safety net against wrongful convictions or acquittals. When a court finds that more clarity is needed, it can step in immediately. The law supports fair and balanced judgments. Every party gets equal chance to explain their side. It reduces chances of manipulation or hiding of facts. In this way, Section 348 is a strong protection of human rights.
10. Balances Court Authority and Responsibility
While the court has great power under Section 348, it also comes with responsibility. The judge must use this power wisely and only when needed for justice. This balances judicial authority with fairness. Courts must record the reasons behind summoning or recalling witnesses. It prevents misuse and keeps the process transparent. The trust of the public in the court system grows when decisions are thorough and justified. Section 348 reflects the maturity of Indian criminal procedure law.
Example 1:
During a theft trial, a shop assistant who was present at the crime scene comes to the courtroom to observe. The judge learns he may have seen the accused during the incident. Using BNSS Section 348, the court immediately examines him as a witness.
Example 2:
A key witness in a murder case gave unclear answers during earlier questioning. The court feels his testimony may be important to understanding the motive clearly. The judge uses Section 348 to recall and re-examine the same witness to clarify facts
BNSS Section 348 Short Information .
| Point | Details |
|---|---|
| Section Name | BNSS Section 348 |
| Court’s Power to Summon Witness | Court may call any person as a witness at any stage of inquiry, trial, or proceeding when their evidence is needed. |
| Examining Persons Present | Court can examine any person present in the courtroom even if not formally summoned. |
| Recalling Witnesses | Court may recall and re-examine earlier witnesses to clarify doubts or address new facts. |
| Mandatory Action | If the evidence is essential for a just decision, the court must summon or re-examine the person. |
| Purpose | Ensures complete facts are heard, prevents injustice, and strengthens fair trial standards. |
Why is BNSS 348 Needed?
BNSS Section 348 is needed to prevent injustice due to missed or incomplete witness statements. In real-life trials, new facts may come up or a witness might be forgotten. Without this section, courts would be powerless to add or recall such important people during the trial. It ensures flexibility, fairness, and complete truth in the judicial process. It also helps avoid errors that may lead to wrong judgments or long appeals. Section 348 shows that our justice system believes in correcting mistakes and focusing on fair outcomes. It gives courts the tool they need to make decisions based on full and true evidence.
BNSS Section 348 FAQs
BNSS 348
Conclusion
BNSS Section 348 empowers courts to summon new witnesses, examine people present in court, and recall earlier witnesses whenever needed for clarity. If a person’s testimony is essential, the court must act to bring the evidence on record. This flexible and mandatory provision ensures that no crucial fact is left out, preventing miscarriages of justice and strengthening the fairness of criminal trials.
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