Comprehension
Section 311 of the Code of Criminal Procedure, 1973 (CrPC) provides that any Court may, at any stage of any inquiry, trial or other proceedings under the CrPC, 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’. The true test, therefore, is whether it appears to the Court that the evidence of such person who is sought to be recalled is essential to the just decision of the case. The scope and object of the provision is to enable the court to determine the truth and to render a just decision after discovering all relevant facts and obtaining proper proof of such facts, to arrive at a just decision of the case. Power must be exercised judiciously and not capriciously or arbitrarily, as any improper or capricious exercise of such power may lead to undesirable results. The power conferred under Section 311 of the CrPC must therefore, be invoked by the court only in order to meet the ends of justice, for strong and valid reasons, and the same must be exercised with great caution and circumspection.
Question: 1
In which of the following cases the Supreme Court of India held that an application under Section 311 of the Code of Criminal Procedure, 1973 could not be rejected on the sole ground that the case had been pending for an inordinate amount of time, in that case, for ten years?
In which of the following cases the Supreme Court of India held that an application under Section 311 of the Code of Criminal Procedure, 1973 could not be rejected on the sole ground that the case had been pending for an inordinate amount of time, in that case, for ten years?
Updated On: Jul 11, 2024
- Mina Lalita Baruwa v. State of Orissa, (2013) 16 SCC 173.
- Manju Devi v. State of Rajasthan, (2019) 6 SCC 203.
- Natasha Singh v. Central Bureau of Investigation, (2013) 5 SCC 741
- Rajaram Prasad Yadav v. State of Bihar, (2013) 14 SCC 461
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Rajaram Prasad Yadav v. State of Bihar, (2013) 14 SCC 461
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Question: 2
The power conferred upon a criminal court by Section 311 of the Code of Criminal Procedure, 1973 is
The power conferred upon a criminal court by Section 311 of the Code of Criminal Procedure, 1973 is
Updated On: Jul 11, 2024
- Mandatory.
- Discretionary.
- Permissive.
- Both (B) and (C).
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Discretionary.
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Question: 3
If it appears to the court that an application under Section 311 of the Code of Criminal Procedure, 1973 has been filed only to fill up a lacuna in the case of the prosecution or the defence, should the court allow such application?
If it appears to the court that an application under Section 311 of the Code of Criminal Procedure, 1973 has been filed only to fill up a lacuna in the case of the prosecution or the defence, should the court allow such application?
Updated On: Jul 11, 2024
- Yes
- No
- Depends on the evidence adduced in the case
- Depends on the facts of the case.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Yes
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Question: 4
In which of the following circumstances should an application under Section 311 of the Code of Criminal Procedure, 1973 be allowed by the court?
In which of the following circumstances should an application under Section 311 of the Code of Criminal Procedure, 1973 be allowed by the court?
Updated On: Jul 11, 2024
- When allowing the application enablesthe court to determine the truth and to render a just decision
- When allowing the application causes serious prejudice to the defence of the accused
- When allowing the application gives an unfair advantage to the opposite party
- Both (A) and (B).
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Both (A) and (B).
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Question: 5
Section 311 of the Code of Criminal Procedure, 1973 imposes a duty on the Court to
Section 311 of the Code of Criminal Procedure, 1973 imposes a duty on the Court to
Updated On: Aug 22, 2024
- Determine the truth after discovering all relevant facts and obtaining proper proof of such facts
- Render a just decision after discovering all relevant facts and obtaining proper proof of such facts
- Discover all relevant facts and obtain proper proof of such facts.
- Simultaneously determine the truth and render a just decision.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Render a just decision after discovering all relevant facts and obtaining proper proof of such facts
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Question: 6
When a court summons any person as a witness upon allowing an application made by the accused under Section 311 of the Code of Criminal Procedure, 1973, which of the following statements is correct?
When a court summons any person as a witness upon allowing an application made by the accused under Section 311 of the Code of Criminal Procedure, 1973, which of the following statements is correct?
Updated On: Jul 11, 2024
- An opportunity of rebuttal must not be given to the prosecution.
- An opportunity of rebuttal must be given to the prosecution.
- There is no question of rebuttal as the witness has been summoned by the court.
- Whether opportunity of rebuttal is given to the prosecution or not is matter of discretion of the court.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : An opportunity of rebuttal must be given to the prosecution.
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