Section 348 BNSS permits limited witness recall for material questions necessary to a just decision.

The applicant, facing prosecution under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, sought recall of the prosecutrix (PW-1) under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for limited re-cross-examination on specific questions said to have been omitted earlier.

After extensive cross-examination had concluded, the prosecutrix filed an affidavit stating that she had no objection to being recalled.

The Trial Court rejected the application, finding that the defence had received sufficient opportunity and that recall would impermissibly fill omissions in the earlier cross-examination.

The applicant challenged that order in revision.

Whether the Trial Court’s refusal to recall the prosecutrix for limited re-cross-examination warranted interference under the revisional jurisdiction.

Whether, in the circumstances, Section 348 BNSS permitted a restricted further opportunity to question the prosecutrix in the interests of a just decision, notwithstanding the earlier completion of cross-examination.

Section 348 BNSS, corresponding to Section 311 of the Code of Criminal Procedure, gives the Court broad discretionary power to summon or recall a witness at any stage when the witness’s evidence appears necessary for the just decision of the case; that power must be exercised judicially and not as a matter of course.

The accused’s right to a fair trial is also a facet of Article 21 of the Constitution.

The High Court considered the prosecutrix’s no-objection affidavit and the applicant’s request for questions limited to specific points claimed to be material.

In those particular circumstances, it held that the interests of justice justified a restricted opportunity, while recognising the need to prevent delay and a fishing or roving inquiry.

It therefore interfered only to the extent necessary to permit the Trial Court to assess and allow relevant questions.

The impugned order was set aside only insofar as it completely barred limited re-cross-examination.

The Trial Court was directed to recall PW-1 and permit one opportunity to ask specific, material questions that it finds relevant to the just decision of the case.

The questioning must remain confined to points approved by the Trial Court and be completed on the date PW-1 appears, without adjournment.