Section 348 BNSS: Power to Summon Material Witness or Examine Person Present

Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a criminal court wide procedural power to summon a person as a witness, examine a person already present, or recall and re-examine a witness when the evidence is required for a just decision.

Text of Section 348 BNSS

Meaning and Scope of Section 348

The section is designed to help the court obtain evidence necessary for reaching a fair and just decision. It applies at any stage of an inquiry, trial or other proceeding under the BNSS. The provision is not limited to witnesses originally listed by the prosecution or the defence.

Discretionary Power and Mandatory Duty

Section 348 contains two distinct parts. In the first part, the word may gives the court discretion to summon, examine, recall or re-examine a person. In the second part, the word shall creates a duty where the court forms the view that the person's evidence is essential to the just decision of the case.

The central test under the section is therefore the necessity of the proposed evidence for a just decision, rather than merely whether a party wants an additional opportunity to produce evidence.

When Section 348 May Be Invoked

• When a material fact requires clarification through further oral evidence.
• When a person with relevant knowledge was not previously summoned.
• When a witness already examined needs to be recalled for further examination.
• When the court itself considers additional evidence essential for deciding the matter justly.

Who Can Use the Provision?

The statutory power belongs to the court. A party may request the court to exercise the power by filing an appropriate application, but the decision depends on the court's assessment of relevance, necessity and the requirement of a just decision. The court may also exercise the power on its own when the statutory conditions are met.

Section 348 BNSS and Former Section 311 CrPC

Section 348 BNSS substantially carries forward the subject previously dealt with by Section 311 of the Code of Criminal Procedure, 1973, namely the court's power to summon a material witness or examine a person present. For proceedings governed by the BNSS, the current statutory reference is Section 348, subject to the applicable commencement and saving provisions.

Practical Points for an Application Under Section 348

An application should identify the person proposed to be summoned or recalled, explain the evidence expected from that person, state why the evidence is relevant, and show why it is necessary for the just decision of the case. The request should be focused on the evidentiary need rather than on repetition of evidence already adequately recorded.

Official Legal Sources

Note: This page provides general legal information about Section 348 BNSS. Application of the provision depends on the facts and procedural stage of the particular case.