S.311 CrPC not meant to "cure defects": Punjab & Haryana HC

07 May 2024 8:19 AM

By: Admin

According to the Punjab and Haryana High Court, the purpose of Section 311 CrPC, which allows for the recall of important witnesses, is not to "fix faults" in the defence; as a result, the defence attorney must remain "fully aroused" throughout the cross-examination of witnesses.

The comment was made as a motion to recall two prosecution witnesses for additional cross-examination for making exculpatory remarks to them was being denied.

The justice-led panel continued by saying that the defence might present defence testimony following the conclusion of the proceedings under Section 313 of the CrPC if it so chose.

The court noted that the prayer in the instant petition is completely rudderless and, thereby, declined for the reason that the defence attorney was assisted by the accused in the proceedings, which occurred through video conferencing, after carefully weighing the opposing submissions of the parties.

The court stated that granting the authorization would have an unfavorable effect because the defense would be attempting to correct an earlier flaw.

The court dismissed the petition because it lacked merit and upheld the challenged order.

Raman Kumar

State of Haryana and Another