Source: Kerala High Court

Why in News?

Recently, the Kerala High Court in the matter of Shyju v. State of Kerala has held that a document can be submitted as evidence under Section 311 of the Criminal Procedure Code, 1973 (CrPC) which was not procured during investigation nor produced along with the final report.

What was the Background of Shyju v. State of Kerala Case?

• In this case, the petitioner is facing an indictment for the offences under the provisions of the Indian Penal Code, 1860 (IPC).
• He is alleged to have attacked the victim with acid. The victim who suffered the attack became blind.
• After the evidence in the case was completed and when the case was posted for hearing, a petition was filed by the Public Prosecutor seeking to re-open the evidence to produce a disability certificate and to examine the doctor who issued the certificate stating that the victim has become 100% blind.
• The Additional Sessions Judge allowed the said application.
• Aggrieved by this, the petitioner approached the Kerala High Court.
• The learned counsel for the petitioner contended that the production of evidence that came into existence after filing the final report is not permissible.
• The Public Prosecutor stated that the court’s power to permit any evidence to come on record is determined by its essentiality, and therefore, the court's power to permit such a recall of witnesses or reopening of evidence cannot be restricted.
• Dismissing the case, the High Court find no perversity in the impugned order.

What were the Court’s Observations?

• Justice Bechu Kurian Thomas observed that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.
• It was further held that if an important document or a witness has been omitted or was not produced, for whatever reason it may be, the prosecution cannot be denied an opportunity to bring it on record as a piece of evidence in the trial.

What is Section 311 of CrPC?

About:

• Section 311 of CrPC deals with the power to summon material witness or examine person present whereas the same provisions has been covered under Section 348 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• It states that any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon 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.
• Under the provisions of section 311 CrPC, the court has plenary power to summon any person at any stage of the proceedings as a witness. This power includes recall and re-examination of any person who has already been examined.
• The power lies with the Court alone as juxtaposed to rights or powers of parties and this power is to be exercised when the court finds it necessary to summon/recall any witness for just decision of the case.

Case Law:

• In Natasha Singh v. CBI (2013), the Supreme Court held that the object of Section 311 of CrPC is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society.