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Limitations on Recalling Witnesses: Section 311 CrPC and Prosecution Lacunae

Section 311 CrPC: Can't Fill Prosecution Lacunae

Introduction

In criminal trials, courts wield significant powers to ensure justice is served, but these powers have strict boundaries. A common question arises: Can Section 311 CrPC be used to fill lacunae? The resounding answer from Indian courts is no. Section 311 of the Code of Criminal Procedure (CrPC) allows courts to summon material witnesses or recall and re-examine any person already examined if their evidence appears essential to a just decision. However, this provision is not a backdoor for the prosecution—or even the defense—to patch up evidentiary gaps left during trial. [

#Section311CrPC, #CriminalLawIndia, #LegalLacunae
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