Section 311 CrPC: Power to summon material witness, or examine person present
Code of Criminal Procedure, 1973
Section 311 CrPC at a Glance
Section 311 CrPC deals with power to summon material witness, or examine person present. From 1 July 2024 it is replaced by Section 348 BNSS.
What Section 311 CrPC Says
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.
Source: Section 311, Code of Criminal Procedure, 1973
Section 311 CrPC in Simple Words
Section 311 of the Code of Criminal Procedure, 1973 enables any court to bring in or re-hear witness testimony during any inquiry, trial, or other proceeding under the Code 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 bring back a witness who was already examined.
Section 311 CrPC provides both a discretionary power that the court may use at any stage and a duty that the court shall carry out if the evidence appears to it to be essential to the just decision of the case.
When Section 311 CrPC Applies
- 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.
- 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.
- A court acting under Section 311 CrPC may call back a witness who has previously given testimony 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 311 CrPC
When Section 311 CrPC Does Not Apply
- Section 311 of the Code of Criminal Procedure, 1973 does not apply when the matter is not at a stage of an inquiry, trial, or other proceeding under the Code before a court.
- The power under Section 311 CrPC to recall and re-examine a witness does not apply to a person who has not already been examined in the proceeding.
- The duty under Section 311 CrPC where the court shall summon and examine or recall 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 311 CrPC Under BNSS 348: What Changed
Section 311 CrPC is now covered under Section 348 BNSS.
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 detailed comparison (CrPC 311 vs BNSS 348) →FAQs on Section 311 CrPC
When is a court required to summon or recall a witness under Section 311 CrPC?▼
Section 311 of the Code of Criminal Procedure, 1973 separates what the court may do from what it shall do. In general, any court may summon a witness, examine a person in attendance, or recall and re-examine a person already examined at any stage of an inquiry, trial, or other proceeding under the Code. However, the court shall summon and examine or recall 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 examine a person who is present in court without a witness summons under Section 311 CrPC?▼
Yes, a court may question a person who is present before it during a proceeding under the Code of Criminal Procedure, 1973. Section 311 CrPC provides that any court may, at any stage of any inquiry, trial, or other proceeding under the Code, 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 311 CrPC be exercised?▼
Powers under Section 311 of the Code of Criminal Procedure, 1973 are not restricted to a specific phase of a case. Any court may summon a person as a witness, examine a person in attendance without a summons, or recall and re-examine a person already examined at any stage of any inquiry, trial, or other proceeding under the Code, and shall do so if the evidence appears to it to be essential to the just decision of the case.
Where is Section 311 CrPC found from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The provision corresponding to Section 311 CrPC is found in Section 348 of the Sanhita from 1 July 2024. Section 348 BNSS retains the same rule empowering any court at any stage of any inquiry, trial, or other proceeding to summon a witness, examine a person in attendance, or re-call and re-examine a witness already examined.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·