Section 217 of CrPC : Section 217: Recall of witnesses when charge altered.

Explanation using Example

Example 1:

Scenario: A theft case is being tried in a court in Mumbai. During the trial, the prosecution realizes that the charge sheet needs to be altered to include an additional charge of "housebreaking."

Application of Section 217:

• The court allows the alteration of the charge to include "housebreaking."
• The defense lawyer requests to recall and re-examine a witness who had already testified about the circumstances of the theft.
• The court permits the recall of the witness, allowing the defense to question the witness about the new charge of housebreaking.
• The prosecution also requests to call an additional witness who can provide evidence specifically related to the housebreaking charge.
• The court agrees, considering the new witness material to the case.

Example 2:

Scenario: In a fraud case in Delhi, the trial has already commenced. Midway through the trial, new evidence comes to light, suggesting that the accused also committed forgery.

Application of Section 217:

• The court decides to add the charge of forgery to the existing charges.
• The accused's lawyer asks to recall a key witness who had testified about the financial transactions, to question them about the new forgery charge. ...

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