After Fatima's trial has begun, the Court adds a fresh charge against her. Under section 240 of the…
Section 240 provides that when a charge is altered or added to after the trial begins, the prosecutor and the accused "shall be allowed to recall or re-summon, and examine…
Choose your answer
After Fatima's trial has begun, the Court adds a fresh charge against her. Under section 240 of the BNSS, what are the prosecutor and the accused allowed to do?
Answer and explanation
Correct answer D
Section 240 provides that when a charge is altered or added to after the trial begins, the prosecutor and the accused "shall be allowed to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined", and to call any further material witness, unless the Court records that recall is sought for vexation or delay. No fresh FIR, new Judge or immediate appeal follows; section 239 deals with whether the trial may proceed at once.
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