BNSS Section 240 — Recall of witnesses when charge altered

Summary

If a charge is changed or added to after the trial has started, the court must allow both the prosecutor and the accused to recall any witness who has already testified, so they can question them about the change. However, the court can refuse this if it believes the request is only meant to harass, delay, or harm the fairness of the trial, and it must write down its reasons for refusing. The court must also allow either side to call any new witness it considers important to the case.

Official Text

Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;

(b) also to call any further witness whom the Court may think to be material.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.8 p.2108 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §217 — Recall of witnesses when charge altered