CrPC Section 217 — Recall of witnesses when charge altered

Summary

Under clause (a), if the Court alters or adds to a charge after the trial has begun, the prosecutor and the accused may recall or re-summon a witness who has already been examined and question that witness about the change. The Court may refuse this if it records in writing that the prosecutor or accused, as applicable, seeks to recall or question the witness to cause vexation or delay, or to defeat the ends of justice.

Under clause (b), the prosecutor and the accused may also call any further witness whom the Court considers material.

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. B.—Joinder of charges

Related Judgments

• R. RACHAIAH vs HOME SECRETARY, BANGALORE — Supreme Court of India (2016)
• MR. NIKHIL GIRISH PATT; MR. ILESH SHAH; MR. SOORAJ KUMAR TAYADE vs 1. CENTRAL BUREAU OF INVESTIGATION, 2. THE STATE OF MAHARASHTRA — Bombay High Court (Mumbai Principal Seat) (2024)
• DR NALLAPAREDDY SRIDHAR REDDY vs THE STATE OF ANDHRA PRADESH & ORS — Supreme Court of India (2020)
• RANBIR YADAV vs STATE OF BIHAR — Supreme Court of India (1995)
• STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION vs SHRI KALYAN SINGH (FORMER CM OF UP) & ORS — Supreme Court of India (2017)
• K.P. TAMILMARAN vs THE STATE BY DEPUTY SUPERINTENDENT OF POLICE — Supreme Court of India (2025)

Old <-> New Code Mapping

• BNSS §240 — Recall of witnesses when charge altered