Section 217 CrPC: Recall of witnesses when charge altered

Code of Criminal Procedure, 1973

Section 217 CrPC at a Glance

Section 217 CrPC deals with recall of witnesses when charge altered. From 1 July 2024 it is replaced by Section 240 BNSS.

Now BNSS

Section 240 →

What Section 217 CrPC Says

217. 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 217, Code of Criminal Procedure, 1973

Section 217 CrPC in Simple Words

Section 217 of the Code of Criminal Procedure, 1973 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 217 CrPC Applies

  • Section 217 CrPC 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 217 CrPC

After the trial of Sunita has commenced, the Court adds a charge. The prosecutor wants to recall a witness who has been examined, to examine the witness with reference to the addition. Under Section 217 CrPC, the prosecutor shall be allowed to do so, unless the Court, for reasons to be recorded in writing, considers that the prosecutor desires to recall the witness for the purpose of vexation or delay or for defeating the ends of justice.

When Section 217 CrPC Does Not Apply

  • Section 217 CrPC 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 216 CrPC covers.
  • Section 217 CrPC 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 224 CrPC covers.

Section 217 CrPC Under BNSS 240: What Changed

Section 217 CrPC is now covered under Section 240 BNSS.

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 detailed comparison (CrPC 217 vs BNSS 240) →

FAQs on Section 217 CrPC

When does Section 217 CrPC apply?▼

Section 217 CrPC 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 217 CrPC?▼

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 217 CrPC?▼

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.

Where is Section 217 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 217 CrPC has no sub-sections, and maps as a whole to Section 240 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·