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In terms of Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the Court to…

Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the court to summon, examine or recall a witness at any stage of a pending inquiry, trial or other…

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In terms of Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the Court to summon or recall and re-examine any witness can be exercised:

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Answer and explanation

Correct answer B

Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the court to summon, examine or recall a witness at any stage of a pending inquiry, trial or other proceeding, including after both sides close their evidence and before judgment. It requires the court to act when the evidence is essential to a just decision.

The Supreme Court has distinguished the discretionary and mandatory limbs of the corresponding section 311 of the Code of Criminal Procedure, 1973. Section 403 of the current Sanhita separately restricts alteration or review of a signed judgment or final order, subject to statutory exceptions and correction of clerical or arithmetical errors.

Option feedback

Option A

Section 348 applies at any stage of the pending proceeding.

Option B

The power remains available after both sides close their evidence, while the proceeding is pending.

Option C

Section 348 also applies before the prosecution closes and after the defence closes, while the proceeding is pending.

Option D

Section 348 provides a power within a pending proceeding. Section 403 separately governs alteration or review of a signed final judgment.

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