Section 240 BNSS: Recall of witnesses when charge altered
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 240 BNSS at a Glance
Section 240 BNSS deals with recall of witnesses when charge altered. It replaced Section 217 CrPC on 1 July 2024.
Section 240 BNSS Bare Act Text
240. Recall of witnesses when charge altered
Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—
(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
(b) also to call any further witness whom the Court may think to be material.
Source: Section 240, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 240 BNSS in Simple Words
Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies whenever the Court alters a charge, or adds to a charge, after the commencement of the trial. In that case the prosecutor and the accused shall be allowed to recall or re-summon any witness who may have been examined.
They shall be allowed to examine that witness with reference to the alteration or addition. The exception is where the Court considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine the witness for vexation, delay or defeating the ends of justice.
The Court shall record its reasons in writing for so considering. The prosecutor and the accused shall also be allowed to call any further witness whom the Court may think to be material.
When Section 240 BNSS Applies
- Section 240 BNSS applies whenever a charge is altered or added to by the Court after the commencement of the trial.
- The prosecutor and the accused shall be allowed to recall or re-summon, and examine with reference to the alteration or addition, any witness who may have been examined.
- The Court, for reasons to be recorded in writing, may consider that the prosecutor or the accused desires to recall or re-examine a witness for the purpose of vexation or delay or for defeating the ends of justice.
- The prosecutor and the accused shall also be allowed to call any further witness whom the Court may think to be material.
Example of Section 240 BNSS
When Section 240 BNSS Does Not Apply
- Section 240 BNSS speaks of the recall of witnesses after a charge is altered or added to. It does not deal with the power of a Court to alter or add to a charge, which Section 239 BNSS covers.
- Section 240 BNSS speaks of the recall of witnesses after a charge is altered or added to. It does not deal with the withdrawal of remaining charges after a conviction, which Section 247 BNSS covers.
Section 240 BNSS in the CrPC (Previous Law)
Section 240 BNSS replaces Section 217 CrPC from the old criminal code.
Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading and the same text as Section 217 of the Code of Criminal Procedure, 1973. Only the section number and the name of the Code differ.
View CrPC Section 217 →FAQs on Section 240 BNSS
When does Section 240 BNSS apply?▼
Section 240 BNSS applies whenever a charge is altered or added to by the Court after the commencement of the trial.
What are the prosecutor and the accused allowed to do under Section 240 BNSS?▼
They shall be allowed to recall or re-summon, and examine with reference to the alteration or addition, any witness who may have been examined, and also to call any further witness whom the Court may think to be material.
When may the Court refuse the recall of a witness under Section 240 BNSS?▼
The Court may do so if, for reasons to be recorded in writing, it considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine the witness for the purpose of vexation or delay or for defeating the ends of justice.
What changed from Section 217 CrPC to Section 240 BNSS from 1 July 2024?▼
Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading and the same text as Section 217 of the Code of Criminal Procedure, 1973. Only the section number and the name of the Code differ.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·