Section 240 of BNSS : Section 240: Recall of witnesses when charge altered.

Explanation using Example

Example 1:

Scenario: A theft case is being tried in a district court in Mumbai. During the trial, the prosecution initially charges the accused, Rajesh, with theft under Section 379 of the Indian Penal Code. However, midway through the trial, new evidence surfaces indicating that Rajesh also committed housebreaking to execute the theft. The court decides to alter the charge to include housebreaking under Section 454 of the Indian Penal Code.

Application of Section 240:

• The prosecutor requests to recall the key witness, Mr. Sharma, who initially testified about the theft but did not mention the housebreaking.
• The court allows the prosecutor to recall Mr. Sharma to question him about the new charge of housebreaking.
• Rajesh's defense lawyer also requests to re-examine Mr. Sharma to challenge his testimony regarding the housebreaking.
• Additionally, the defense lawyer requests to call a new witness, Mrs. Gupta, who can provide an alibi for Rajesh during the time of the alleged housebreaking.
• The court permits both the recall of Mr. Sharma and the summoning of Mrs. Gupta, ensuring that the trial remains fair and just.

Example 2:

Scenario: In a fraud case in Delhi, the accused, Priya, is initially charged with cheating under Section 420 of the Indian Penal Code. During the trial, it is discovered that Priya also forged documents to commit the fraud. The court decides to add the charge of forgery under Section 468 of the Indian Penal Code.

Application of Section 240:

• The defense lawyer requests to recall the forensic expert who testified about the authenticity of the documents, to question him about the new forgery charge.
• The court allows the defense to recall the forensic expert for further examination.
• The prosecutor also requests to call a new witness, Mr. Verma, who can provide additional evidence about the forgery.
• The court permits the prosecutor to call Mr. Verma, considering his testimony material to the new charge.
• The court records its reasons in writing, ensuring that the recall and summoning of witnesses are not for the purpose of vexation or delay but to ensure a fair trial.

Example 3:

Scenario: In a domestic violence case in Bangalore, the accused, Anil, is initially charged with causing grievous hurt under Section 325 of the Indian Penal Code. During the trial, it is revealed that Anil also threatened the victim with a weapon, which constitutes an additional charge under Section 506 of the Indian Penal Code.

Application of Section 240:

• The prosecutor requests to recall the victim, Mrs. Mehta, to testify about the threats made by Anil with the weapon.
• The court allows the prosecutor to recall Mrs. Mehta for further examination regarding the new charge.
• Anil's defense lawyer also requests to re-examine Mrs. Mehta to challenge her testimony about the threats.
• Additionally, the defense lawyer requests to call a new witness, Mr. Singh, who can testify that Anil did not possess any weapon during the incident.
• The court permits both the recall of Mrs. Mehta and the summoning of Mr. Singh, ensuring that the trial remains comprehensive and just.

Example 4:

Scenario: In a bribery case in Chennai, the accused, Ramesh, is initially charged with accepting a bribe under Section 7 of the Prevention of Corruption Act. During the trial, it is discovered that Ramesh also attempted to tamper with evidence. The court decides to add the charge of tampering with evidence under Section 201 of the Indian Penal Code.

Application of Section 240:

• The defense lawyer requests to recall the investigating officer who testified about the bribery, to question him about the new charge of evidence tampering.
• The court allows the defense to recall the investigating officer for further examination.
• The prosecutor also requests to call a new witness, Mr. Kumar, who can provide additional evidence about the tampering.
• The court permits the prosecutor to call Mr. Kumar, considering his testimony material to the new charge.
• The court records its reasons in writing, ensuring that the recall and summoning of witnesses are not for the purpose of vexation or delay but to ensure a fair trial.