Law: Criminal Procedure Code (V of 1898)

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Re-calling for cross-examination---Scope---Engagement of new advocate is no ground for recalling any of the witnesses for cross-examination---Neither the defence nor the prosecution can be allowed to fill the lacuna by re-summoning the witnesses under S. 540, Cr.P.C.---If this practice is allowed, none of the trials would ever come to an end and such practice would amount to opening floodgates. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Section 540, Cr.P.C., is divided into two parts---First part is discretionary, while the second part is mandatory---Powers under the second part can only be exercised when the Court is satisfied that further cross-examination will be essential for the just decision of the case---Section 540, Cr.P.C. imposes responsibility upon the Court that these powers must be exercised with due care and caution---Court cannot use these powers to advance the cause of the prosecution or defense, but these powers are only meant to advance the cause of justice---Powers under S. 540, Cr.P.C. are not meant to fill in the gaps or lacunas left by the parties to the proceedings. (c) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Section 540, Cr.P.C. deals with three kinds of cases and invests the Court with the power to deal with them---First case is of a person not examined by any party and not present in Court---However, such a person may be summoned by the Court to give evidence, in which case he will be summoned and examined by the Court---Second case is of a person present in Court though he is not summoned as a witness---In this case, also, the Court can examine such a person; and the third case is of a person who has already been examined in Court, and the Court is invested with the power to recall that witness and re-examine him---Such power, however, can be exercised by the Court if the evidence of such a person appears to the Court essential to the just decision of the…

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