Legal Provisions of Section 217 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Recall of witnesses when charge altered:
The section requires the Court to enquire from the prosecution or the accused, as to whether they would like to exercise their right to recall or re-summon the witnesses or have further witnesses examined when a charge is altered or added after the commencement of the trial.
ADVERTISEMENTS:
The provisions of this section are mandatory and the Court is bound to allow the prosecution and the accused 10 recall and examine any witness who may have been already examined. The omission to comply with the provisions of this section is not curable under Section 464 of the Code.
But if the Court is of the opinion that the application under Section 217 has been made by the prosecution or the accused for delaying or defeating the ends of justice, it may refuse to recall or se-summon a witness.
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