AI Overview...
When Can an Official Witness Be Called?
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When the Court or Authority Calls a Witness
An official witness can be called by the court or investigating authority at any stage of proceedings, including during trial or inquiry, to provide relevant evidence. The court has the discretion to summon witnesses under provisions such as Section 311 of the Criminal Procedure Code, which allows the court to call or re-call witnesses to ensure a fair trial.
SK. SIRAJ VS STATE OF ORISSA - Orissa, Section on Court Calling Witnesses -
Opportunity for Cross-Examination
When a witness is called by the court, the affected parties must be given an opportunity to cross-examine, as upheld by judicial rulings. This ensures fairness and the right to contest the testimony. The court can also call witnesses on its own motion, but the parties must be allowed to cross-examine them.
SK. SIRAJ VS STATE OF ORISSA - Orissa, Court’s power under Section 311, Cr.P.C. -
Relevance of Witness Reports and Evidence
Failure to furnish reports or prior statements of witnesses before they are examined is generally considered irrelevant if no prejudice is caused, as per Supreme Court rulings. The focus remains on the fairness of the process rather than procedural technicalities.
H. M. T. LIMITED VS CHAYA SRIVATSA - Karnataka, Supreme Court judgment -
Timing of Calling Witnesses
Witnesses can be called at any appropriate stage of proceedings, whether during investigation, trial, or inquiry, especially when their testimony is necessary for establishing facts. The court or authority has the discretion to summon witnesses to clarify issues or fill gaps in evidence.
Piyush Mittal VS North Delhi Municipal Corporation - Delhi, Departmental Inquiry Proceedings
Analysis and Conclusion
An official witness can be called by the court or investigating authority at any stage of legal proceedings, provided the calling is relevant and necessary for a fair trial or inquiry. The parties must be given an opportunity for cross-examination, ensuring procedural fairness. The timing and manner are governed by statutory provisions like Section 311 of the Cr.P.C. and judicial discretion, emphasizing the importance of fairness over procedural rigidity.
References:
- SK. SIRAJ VS STATE OF ORISSA - Orissa - Court’s power to call witnesses under Section 311, Cr.P.C.
- H. M. T. LIMITED VS CHAYA SRIVATSA - Karnataka - Supreme Court on procedural fairness regarding witness reports
- Piyush Mittal VS North Delhi Municipal Corporation - Delhi - Departmental inquiry procedures and calling witnesses
Search Results for "When can an Official Winess be Called"
2003 0 Supreme(Kar) 397 • India - Karnataka
S.R.NAYAK, K.RAMANNA
Their Workmen 1963-II-LLJ-78 the Supreme court held that failure to furnish a copy of the report submitted by witness to the concerned workman before he was called upon to cross-examine such witness would become irrelevant when it was shown that no prejudice was caused to the concerned workmen by such ... The learned single judge has held that the charges framed against the respondents are very vague and the so- called charge sheet is not in the form of a charge-sheet. ... By a letter dated July 23, 1993, the Deputy Gene....
2020 0 Supreme(Kar) 59 • India - Karnataka
K.N.PHANEENDRA
to illegal gratification which is not a legal remuneration payable by complainant for purpose of doing or for bearing to do some official ... remuneration payable by complainant and same was demanded and accepted abusing his position as a public servant for purpose of showing an official ... person then it shall be presumed unless contrary is proved that he accepted undue advantage as a motive or reward u/S 7 of Act to do official ... It is not that the prosecution has placed evidence of the above said two witnesses though they were #HL_S....
2001 0 Supreme(Mad) 22 • India - Madras
K.SAMPATH
It was published in the Official Gazette dated 17.6.1997. It was also given effect to from 1.4.1997. There is no power subsidy scheme now subsisting in the Government of Pondicherry for the industry. ... The Department of Electricity by its proceedings dated 2.1.1993, 20.1.1993 and 2.3.1993 called upon the petitioner to deposit Rs.10.99 lakhs. This was not done by the petitioner. ... The product manufactured in the new unit is a new product called billet, which is different from ingots produced in the old unit. Billet has a separate class....
• India - Crimes
R.M.LODHA, JAGDISH SINGH KHEHAR
Police officials were immediately deputed to the site. ... And every time a mobile handset is used for making a call, besides recording the number of the caller as well as the person called, the IEMI numbers of the handsets used are also recorded by the service provider. ... Minakshi while deposing before the Trial Court as PW23, had stated that her husband had called her at around 12 noon, and thereafter, at around 3 p.m. ... Police officials were immediately deputed to the site. On enquiry it came to ....
2010 0 Supreme(P&H) 304 • India - Punjab and Haryana
MEHINDER SINGH SULLAR
contradictions in the statements of official witnesses. ... Head Constables, ASI and public witness. ... of-- Defence Witness has been won over by the accused--It was still necessary on the part of the prosecution that such witness must ... It remained a mystry why concerned DSP was not called by PW3. ... Instead, he summoned PW1, who was not even DSP Incharge of the area at the time of recovery, wherein in his cross-examination, he (PW1) admitted that Avtar Singh was the concerned DSP at the relevant t....
1994 0 Supreme(Ori) 20 • India - Orissa
ARIJIT PASAYAT
Whether the complainant should be given an opportunity to cross-examine a witness called by the Court under Section 311, Cr. P. ... The Court also held that the complainant should be given an opportunity to cross-examine a witness called by the Court under Section ... The Court also held that the complainant should be given an opportunity to cross-examine a witness called by the Court under Section ... If a witness called by Court gives evidence agai....
1980 0 Supreme(SC) 324 • India - Supreme Court
A.C.GUPTA, P.S.KAILASAM, R.S.SARKARIA
went to City Survey Office with idea of meeting City Survey Officer - He was waiting in verandah when accused 2 saw him there and called ... The appellant, however, in his statement admitted that he was called by the City Survey Officer in connection with the complainants application, but he did not remember if the complainant was then present in the office. ... That day, I had contacted the City Survey Officer and the City Survey Officer had called accused No. 1, Kulkarni, and had given him instructions. I deny the suggestion that accuse....
2011 6 Supreme 504 • India - Supreme Court
JAGDISH SINGH KHEHAR, R.M.LODHA
And every time a mobile handset is used for making a call, besides recording the number of the caller as well as the person called, the IEMI numbers of the handsets used are also recorded by the service provider. ... Minakshi while deposing before the Trial Court as PW23, had stated that her husband had called her at around 12 noon, and thereafter, at around 3 p.m. ... Police officials were immediately deputed to the site. On enquiry it came to be concluded, that the dead body was that of Harish Kumar, resident of House ....
2003 0 Supreme(AP) 131 • India - Andhra Pradesh
GHULAM MOHAMMED
non-payment of bribes – In the circumstances, the 4th respondent, is directed to cause an enquiry into the matter by appointing a senior official ... the excise Officers is prevalent in Nalgonda district and that it is not uncommon that the licensees are harassed by the Excise Officials ... It is further contended that the so-called spurious liquor bottles were planted in the petitioner s shop with a mala fide intention. ... P. , Hyderabad, is directed to cause an enquiry into the matter by appointing a senior official f....
2023 0 Supreme(Del) 239 • India - Delhi
PRATHIBA M. SINGH
prayer for vigilance enquiry made in this writ petition is not tenable action taken report is taken on record – No further action is called ... Constitution of India, 1949 – Article, 226 – Departmental Inquiries (Enforcement of Attendance of Witness ... and Production of Documents) Act, 1972 – Section 5 – Enforcement of Attendance of Witness – Power of High Court to issue certain ... No further action is called for on the Petitioner’s complaint. 19. ... (C) To issue the directions to the Respondent to take appropriate l....
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