CrPC 311→BNSS 348

CrPC 311 to BNSS 348: Power to summon material witness, or examine person present

Section 311 CrPC (1973) replaced by Section 348 BNSS (2023)

View CrPC Section 311 →View BNSS Section 348 →

CrPC 311 to BNSS 348 at a Glance

Section 311 CrPC (Power to summon material witness, or examine person present) is now Section 348 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 311 to BNSS 348?

Section 311 of the Code of Criminal Procedure, 1973 became Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form, and the substantive legal rule is unchanged. The section number changed from Section 311 CrPC to Section 348 BNSS, and the reference to proceedings under the Code changed to proceedings under the Sanhita. In addition, the spelling of the word recall was hyphenated to re-call in both the discretionary clause and the clause on the duty of Section 348 BNSS. No sub-section, time limit, condition, or restriction was added or removed.

CrPC 311 vs BNSS 348: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section311348
HeadingPower to summon material witness, or examine person presentSame

CrPC 311 and BNSS 348: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 311, CrPC 1973

311. Power to summon material witness, or examine person present.—Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
BNSS 2023 (in force)

Section 348, BNSS 2023

348. Power to summon material witness, or examine person present.—Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

When It Applies: CrPC 311 vs BNSS 348

Under CrPC 311
  1. Any court conducting an inquiry, trial, or other proceeding under the Code of Criminal Procedure, 1973 may at any point in that proceeding order any person to appear and give testimony.
  2. Under Section 311 CrPC, the court may directly question an individual who is already present before it even though no witness summons was issued to that individual.
  3. A court acting under Section 311 CrPC may call back a witness who has previously given testimony and question that witness again.
  4. Where the testimony of a person appears to the court to be essential to the just decision of the case, the court shall summon and examine, or call back and question again, that person.
Under BNSS 348
  1. Any court conducting an inquiry, trial, or other proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023 may at any point in that proceeding order any person to appear and testify as a witness.
  2. Under Section 348 BNSS, the court may directly question an individual who is present before it even though no witness summons was issued to that individual.
  3. A court acting under Section 348 BNSS may call back a witness who has previously testified and question that witness again.
  4. Where the testimony of a person appears to the court to be essential to the just decision of the case, the court shall summon and examine, or call back and question again, that person.

What CrPC 311 to BNSS 348 Means in Practice

Because all differences between Section 311 of the Code of Criminal Procedure, 1973 and Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are changes of form, the rule governing the summoning, examination, and re-examination of witnesses is unchanged. From 1 July 2024, the provision is found in Section 348 BNSS. Courts retain the same discretionary power at any stage of a proceeding and the same duty when evidence appears essential to the just decision of the case.

FAQs: CrPC 311 to BNSS 348

Which provision of the BNSS corresponds to Section 311 CrPC from 1 July 2024?▼

From 1 July 2024, the provision corresponding to Section 311 of the Code of Criminal Procedure, 1973 is found in Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both provisions carry the same heading and govern the power and duty of any court to summon a material witness, examine a person in attendance without a summons, or re-call and re-examine a person who has already been examined.

Did Section 348 BNSS alter the test for when a court must summon or re-call a witness?▼

No, the legal test is unchanged between Section 311 of the Code of Criminal Procedure, 1973 and Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, any court may exercise the power at any stage of any inquiry, trial, or other proceeding, and the court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

What are the exact textual differences between Section 311 CrPC and Section 348 BNSS?▼

The textual differences between Section 311 of the Code of Criminal Procedure, 1973 and Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are changes of form only. The section number changed from 311 to 348, the word Code was replaced with the word Sanhita, and the word recall was hyphenated to re-call in both the discretionary clause and the clause on the duty. Every other word of the rule remains identical.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·