Under Section 311 of CRPC (now Section 348 of BNSS 2023), Indian courts retain the authority to summon new witnesses, recall existing ones, or admit fresh evidence even after the evidence stage is closed, as established in the landmark case Mohan Lal Shamji Soni versus Union of India, to ensure that truth and justice are not compromised by procedural technicalities.
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Evidence Closed But Case Still Open? Additional Evidence in Criminal Law Explained | CrPCHinzugefügt:
Imagine a case is about to end, the judgement is seconds away, and suddenly a new piece of evidence appears. Can the court still [music] look at it, or is it already too late? Indian law says yes.
Under section 311 of CRPC now, section 348 of BNSS [music] 2023, the court can summon new witnesses, recall old ones, or allow fresh evidence. That is called as additional evidence because courts [music] know something important. Truth does not always arrive on time, and justice should never fail because of technical procedure. [music] Remember the final courtroom scene in Jolly LLB 2?
One crucial piece of evidence changed [music] the entire direction of the case. That is exactly how additional evidence works in real courts. In the landmark judgement Mohan Lal Shamji Soni [music] versus Union of India, the Supreme Court said courts have wide powers to call additional evidence even after evidence is closed [music] if it helps uncover the truth. Even at the appeal stage, section 391 CRPC now, section 432 BNSS, allows higher courts to accept [music] additional evidence to prevent miscarriage of justice because sometimes one hidden video, one forgotten witness, or one last document can save an innocent life.
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