Jaipur High Court on Power of High Court Under Section 311 CrPC / Section 348 BNSS to Summon Material Witness

In an important ruling concerning the power of High Court under Section 311 CrPC / Section 348 BNSS, the Jaipur High Court reaffirmed that criminal courts possess wide authority to summon any material witness, recall witnesses already examined, or examine any person present before the court whenever such evidence is necessary for a just decision. The judgment was delivered in Shankar & Anr. Vs State of Rajasthan, S.B. Criminal Miscellaneous (Petition) No. 6180/2021, decided on 18/04/2026 by Hon’ble Mr. Justice Anoop Kumar Dhand.

Case Title, Number and Date of Judgment

Case Title: Shankar & Another Vs State of Rajasthan
Case Number: S.B. Criminal Miscellaneous (Petition) No. 6180/2021
Court: High Court of Judicature for Rajasthan, Bench at Jaipur
Date of Judgment: 18 April 2026

Facts Considered by Jaipur High Court

The accused persons were facing trial for offences under Sections 376, 363 and 366 IPC along with provisions of the POCSO Act. During trial, statements of the prosecutrix and her mother had already been recorded. Later, a changed circumstance arose when the prosecutrix married one of the accused, namely Shankar, and from the marriage a daughter was born. Thereafter, the accused moved an application seeking recall of the prosecutrix and her mother for fresh examination in view of subsequent events. The trial court rejected the application on 06.09.2021, which was challenged before the Jaipur High Court.

Power to Summon Material Witness or Examine Person Present

The Jaipur High Court held that the object of Section 311 CrPC is to enable the court to discover truth and render a just decision after bringing all relevant facts on record. The Court observed that this power must be exercised judiciously and not arbitrarily. It further clarified that the provision cannot be used merely to fill lacunae in prosecution or defence, but can certainly be invoked where fresh evidence is necessary in the interest of justice.

$\text{Section 311 CrPC / Section 348 BNSS: Court may summon, recall, or re-examine witnesses in the interest of justice}$

The High Court specifically noted that since the trial was still pending, recalling the prosecutrix and her mother would not prejudice the prosecution. Rather, their further statements could assist the court in properly adjudicating the matter after considering changed circumstances.

Jaipur High Court Set Aside Trial Court Order

Allowing the petition, the Jaipur High Court quashed the order dated 06.09.2021 and directed the trial court to summon PW-1 and PW-2 again, record their evidence, and thereafter decide the case strictly in accordance with law. This judgment is a significant precedent on the power to summon material witness, or examine person present, showing that courts can revisit evidence where justice so requires.

Legal Significance Under BNSS

After replacement of CrPC by BNSS, the corresponding provision is Section 348 BNSS. Therefore, the principle laid down by the Jaipur High Court remains highly relevant even today. Courts continue to retain authority to summon any witness, recall witnesses already examined, and secure the best available evidence for a fair trial.