When can witnesses be recalled under Section 240 BNSS?

When a court alters or adds to a charge after commencement of the trial, the prosecutor and the accused must be allowed to recall or re-summon and examine previously examined witnesses with reference to the alteration or addition, subject to the statutory exception.

Can the court refuse recall of a witness under Section 240 BNSS?

Yes. The court may refuse where, for reasons recorded in writing, it considers that recall or re-examination is sought for vexation, delay or defeating the ends of justice.

Section 240 BNSS: Recall of Witnesses When Charge Is Altered

Q: What is the corresponding CrPC provision for Section 240 BNSS?

Section 240 BNSS corresponds to Section 217 of the Code of Criminal Procedure, 1973.

Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects procedural fairness when a criminal court alters or adds to a charge after the trial has commenced. It permits the prosecutor and the accused to recall or re-summon previously examined witnesses and, where appropriate, to call further material witnesses.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023 In force from: 1 July 2024 Last reviewed: 11 September 2026

In simple terms: if the court changes or adds a charge after trial has begun, both sides normally get an opportunity to revisit witness evidence affected by that change. The court can refuse recall only for the statutory reasons and must record those reasons in writing.

Text of Section 240 BNSS

240. Recall of witnesses when charge altered. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed-

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;

(b) also to call any further witness whom the Court may think to be material.

Meaning of Section 240 BNSS

A change in the charge may alter the factual or legal issues that the prosecution and defence must address. Evidence already recorded before the alteration may therefore need to be tested again in light of the new or modified charge. Section 240 provides the procedural mechanism for doing so.

The section applies when the court has altered or added to a charge after commencement of the trial. At that stage, both the prosecutor and the accused are entitled to seek recall or re-summoning of witnesses already examined, so that those witnesses can be examined with reference to the altered or additional charge.

Key Rights and Safeguards under Section 240

Recall or re-summoning: either side may seek recall or re-summoning of a witness already examined.
Purpose-linked examination: further examination must relate to the alteration or addition made to the charge.
Protection against misuse: the court may refuse recall where it considers that the request is made for vexation, delay or defeating the ends of justice.
Written reasons: if recall is refused on those grounds, the court must record its reasons in writing.
Further witnesses: the prosecutor and accused may also call any further witness whom the court considers material.

When Can a Court Refuse Recall of a Witness?

The right to recall is not unlimited. Clause (a) allows the court to decline recall or re-examination if it considers that the request is made for the purpose of vexation, delay, or defeating the ends of justice. The court must record the reasons for such a conclusion in writing.

This written-reasons requirement acts as an important procedural safeguard. It ensures that refusal of recall is based on the statutory grounds rather than on an unexplained exercise of discretion.

What Is a Material Witness under Section 240?

Clause (b) permits the calling of any further witness whom the court considers material. In this context, a material witness is one whose evidence is relevant and significant to the issues arising from the altered or additional charge. The provision helps ensure that the trial addresses the case as it stands after the charge has been modified.

Relationship with Section 239 BNSS

Section 239 BNSS empowers a court to alter or add to a charge at any time before judgment is pronounced. Section 240 follows that power by providing the witness-related safeguards that become relevant when the alteration or addition occurs after commencement of the trial.

Read together, Sections 239 and 240 aim to balance the court's power to correct or expand a charge with the right of both sides to address the evidentiary consequences of that change.

Relationship with Other BNSS Provisions on Charges

Section 234 BNSS deals with the contents of a charge.
Section 235 BNSS deals with particulars as to time, place and person.
Section 236 BNSS explains when the manner of committing an offence must be stated.
Section 237 BNSS explains the legal sense of words used in a charge.
Section 238 BNSS deals with the effect of errors or omissions in a charge.
Section 239 BNSS permits the court to alter or add to a charge.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 240 BNSS corresponds to Section 217 of the Code of Criminal Procedure, 1973, which is also titled "Recall of witnesses when charge altered." The procedural principle remains substantially the same: alteration of the charge after commencement of trial should not deprive either side of a fair opportunity to address the changed case through witness evidence.

Frequently Asked Questions

When does Section 240 BNSS apply?

It applies when a court alters or adds to a charge after the trial has commenced.

Can both the prosecution and accused recall witnesses?

Yes. The provision expressly protects both the prosecutor and the accused.

Can a court refuse a request to recall a witness?

Yes. It may refuse where the request is considered to be for vexation, delay or defeating the ends of justice, but the reasons must be recorded in writing.

Can a new witness be called after alteration of the charge?

Yes. Clause (b) permits a further witness to be called if the court considers that witness material.

What is the corresponding CrPC provision?

The corresponding provision is Section 217 CrPC, 1973.

BNSS Commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the notified exception concerning the relevant First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

This page is intended as a structured legal reference. For authoritative statutory text, amendments and notifications, consult the official Government of India resources linked in the sidebar.