Power under Section 311 of C.R.P.C. can be exercised by the Court :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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94.

Power under Section 311 of C.R.P.C. can be exercised by the Court :

A: To recall any witness(es) already examined.

B: To summon any witness who has been cited as a witness but not produced or examined before the evidence is closed

C: To summon any witness who has not been cited as a witness

D: All of the above.

The answer is: D

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Explanation

The correct option is D: All of the above.

Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) empowers the court to 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, at any stage of any inquiry, trial, or other proceeding under the Code, if the court considers their evidence to be essential to the just decision of the case.

This section gives a wide discretion to the court to act as the exigencies of justice require. It also imposes a duty on the court to summon and examine or recall and re-examine any person whose evidence is necessary for a fair trial.

The power under Section 311 Cr.P.C. can be exercised by the court suo moto or on the application of any party, subject to the principles of natural justice and fair play. The court can also summon any person who has not been cited as a witness by either party, if the court is satisfied that their evidence is material and relevant.