Legal provisions regarding power to summon material witness, or examine person present under section 311 of the Code of Criminal Procedure, 1973.
According to Section 311 of the Code of Criminal Procedure, any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned, as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
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ADVERTISEMENTS:
Power of Magistrate to order person to give specimen signatures or handwriting:
According to Section 311-A of the Code of Criminal Procedure, if a Magistrate of the first class is satisfied that, for the purpose of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:
Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.
Section 311 confers very wide power on the Court for summoning witnesses. The power under Section 311 is wholly discretionary but it should be exercised judicially as the wider the power is the greater is the necessity for application of judicial mind.