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A criminal court has already recalled and re-examined a witness once. What does section 348 of the…

Section 348 gives the court discretion to recall and re-examine a witness during a covered proceeding. Recall is mandatory if the evidence appears essential to a just…

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A criminal court has already recalled and re-examined a witness once. What does section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provide if further evidence from the witness appears essential to a just decision?

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Answer and explanation

Correct answer A

Section 348 gives the court discretion to recall and re-examine a witness during a covered proceeding. Recall is mandatory if the evidence appears essential to a just decision. An earlier exercise of the power does not exhaust it.

Option feedback

Option A

Section 348 requires recall and re-examination when the evidence appears essential to a just decision.

Option B

The provision does not impose a one-recall limit.

Option C

Section 348 applies to any court in a covered inquiry, trial or proceeding.

Option D

Section 348 makes essentiality to a just decision the test for mandatory recall. It does not make joint consent a condition.

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