Section 311 of CrPC : Section 311: Power to summon material witness, or examine person present.

Explanation using Example

Example 1:

During a murder trial in a Sessions Court in Mumbai, the defense lawyer realizes that a key witness, who was present at the scene of the crime but was not initially summoned, could provide crucial information that might prove the innocence of the accused. The defense lawyer requests the court to summon this witness. Under Section 311 of The Code Of Criminal Procedure 1973, the judge has the power to summon this person as a witness, even though the trial is already underway. The judge agrees, and the witness is called to testify, providing evidence that significantly impacts the case.

Example 2:

In a theft case being heard in a Magistrate's Court in Delhi, a witness who had already testified is found to have new information that could clarify certain aspects of the case. The prosecution requests the court to recall and re-examine this witness. The judge, recognizing that the new testimony could be essential for a just decision, uses the power granted under Section 311 to recall the witness. The witness is re-examined, and the new information helps the court in reaching a fair verdict.