Section 348 BNSS: Power to summon material witness, or examine person present
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 348 BNSS at a Glance
Section 348 BNSS deals with power to summon material witness, or examine person present. It replaced Section 311 CrPC on 1 July 2024.
Section 348 BNSS Bare Act Text
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.
Source: Section 348, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 348 BNSS in Simple Words
Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables any court to bring in or re-hear witness testimony during any inquiry, trial, or other proceeding under the Sanhita so that needed evidence is not left out.
It lets the court call any person as a witness, question someone already in attendance without a summons, or re-call and re-examine a person who was already examined.
Section 348 BNSS sets out both a discretionary power that the court may use at any stage and a duty that the court shall perform if the evidence appears to it to be essential to the just decision of the case.
When Section 348 BNSS Applies
- 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.
- 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.
- A court acting under Section 348 BNSS may call back a witness who has previously testified and question that witness again.
- 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.
Example of Section 348 BNSS
When Section 348 BNSS Does Not Apply
- Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply when the matter is not at a stage of an inquiry, trial, or other proceeding under the Sanhita before a court.
- The power under Section 348 BNSS to re-call and re-examine a witness does not apply to a person who has not already been examined in the proceeding.
- The duty under Section 348 BNSS where the court shall summon and examine or re-call and re-examine a person does not apply if the evidence of that person does not appear to the court to be essential to the just decision of the case.
Section 348 BNSS in the CrPC (Previous Law)
Section 348 BNSS replaces Section 311 CrPC from the old criminal code.
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.
View CrPC Section 311 →FAQs on Section 348 BNSS
When is a court required to summon or re-call a witness under Section 348 BNSS?▼
Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 distinguishes between a discretionary power and a duty. Any court may summon a witness, examine a person in attendance, or re-call and re-examine a person already examined at any stage of an inquiry, trial, or other proceeding under the Sanhita. However, the court shall summon and examine or re-call and re-examine any such person if his evidence appears to the court to be essential to the just decision of the case.
Can a court question a person who is present in attendance without a summons under Section 348 BNSS?▼
Yes, a court may question a person who is present before it during a proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 348 BNSS provides that any court may, at any stage of any inquiry, trial, or other proceeding under the Sanhita, examine any person in attendance even though that person was not summoned as a witness. Where such evidence appears to it to be essential to the just decision of the case, the court shall examine that person.
At what stage of a proceeding can powers under Section 348 BNSS be exercised?▼
Powers under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are not restricted to a specific phase of a case. Any court may summon any person as a witness, examine a person in attendance without a summons, or re-call and re-examine a person already examined at any stage of any inquiry, trial, or other proceeding under the Sanhita, and shall do so if the evidence appears to it to be essential to the just decision of the case.
What changed between Section 311 CrPC and Section 348 BNSS?▼
Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 311 of the Code of Criminal Procedure, 1973 from 1 July 2024 with only changes of form and no change in the legal rule. Section 311 CrPC was renumbered as Section 348 BNSS, the word Code was replaced with Sanhita, and the word recall was hyphenated as re-call in both places where it appears. The discretionary power and duty of the court remain unchanged.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·