P&H: Allows Additional Evidence Under BNSS Sec. 348; Says Trial Courts Must Use Power Liberally To Reach Truth

Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 — Summoning material witnesses — Scope — Confers very wide powers on trial court to summon any person as witness or recall and re‑examine any witness at any stage if evidence appears essential for a just decision -...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.348 — Summoning material witnesses —  Investigative omission not a bar — FIR itself records that complainant was admitted in hospital after occurrence and complainant has since expired, treatment record and discharge summary are directly connected with occurrence and may...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.348 — Summoning material witnesses —  Filling lacunae — Earlier opportunities to prosecution do not, by themselves, create an embargo on exercising power u/s.348 BNSS/Section 311 CrPC where evidence sought is material for proper adjudication - Approach of the trial...

Words and Phrases — “Essential for just decision” in Section 311 CrPC/Section 348 BNSS — The phrase denotes the sole controlling test for exercise of power to summon/recall or receive additional evidence, aimed at discovery of truth and rendering a just decision. (Para 8)