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Under section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on whose initiative can a criminal…

Section 348 allows the court to summon a witness at any stage of an inquiry, trial or other proceeding under the Sanhita. It can act on a party’s request or on its own…

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Under section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on whose initiative can a criminal court summon a witness during a trial?

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Answer and explanation

Correct answer D

Section 348 allows the court to summon a witness at any stage of an inquiry, trial or other proceeding under the Sanhita. It can act on a party’s request or on its own initiative and must summon and examine a person if the evidence appears essential to a just decision.

Option feedback

Option A

The prosecution may ask, but the court can also act on a defence request or its own initiative.

Option B

The defence may ask, but the court can also act on a prosecution request or its own initiative.

Option C

The court may act on its own initiative. It may also consider a request by either party.

Option D

The power belongs to the court and is not dependent on a motion by a particular party.

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