Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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. B.—Joinder of charges
Why this exists
This section works together with the previous one (section 239) on altering charges — if a charge changes mid-trial, both sides need a genuine opportunity to question witnesses again in light of the new charge, and to bring in any additional evidence relevant to it, so that neither the prosecution nor the defence is caught unprepared by the amendment.
Common misconceptions
- Myth: Once a witness has testified, they can never be called back to testify again in the same trial.
Fact: If the charge is altered or added to during the trial, both sides can specifically request to recall already-examined witnesses to address the change, unless the court finds the request is meant only to cause delay or harassment.