Section 311 CrPC Power To Recall Witnesses Must Be Used Sparingly: Supreme Court

The Supreme Court has held that the power under Section 311 CrPC to recall or examine witnesses must be exercised sparingly and only when the evidence is indispensable to discover the truth.

Setting aside a Gujarat High Court order, the Court disallowed the recall of an 11-year-old child witness at an advanced stage of trial, noting unexplained delay, speculative relevance, and potential prejudice to the accused.

The Court reiterated that Section 311 cannot be used to fill gaps in evidence or to prolong trials.

[Mayank Kumar Natrwal Kankana Patel & Anr. v. State of Gujarat & Anr.]