State of Tripura v. Panna Ahmed, 2026 INSC 584 - CrPC - Recall Of Witness

Code of Criminal Procedure, 1973 – Section 311 — The power conferred under Section 311 of the CrPC is undoubtedly wide; however, such power is required to be exercised sparingly and in judicious manner, and not arbitrarily. (Para 13) The stage at which the application came to be filed is also of considerable significance. (Para 15) The power cannot be exercised merely to fill up lacunae in the defence case. (Para 16) The witnesses cannot be expected to face hardship of appearing in court repeatedly, particularly in sensitive cases. It can result in undue hardship for the victims, especially so, of heinous crimes, if they are required to repeatedly appear in Court to face cross-examination. (Para 17)