Source: Allahabad High Court

Why in News?

Recently, the High Court of Allahabad in the matter of Anupam Singh v. State of U.P. Thru. Prin. Secy. Home & Anr., has elucidated the difference between the scope of Sections 311 and 233 of the Criminal Procedure Code, 1973 (CrPC).

What was the Background of Anupam Singh v. State of U.P. Thru. Prin. Secy. Home & Anr. Case?

• In this case, the accused is facing trial under Section 302 of the Indian Penal Code, 1860 (IPC).
  • Before the Trial Court, an application was moved under Section 311 of CrPC and thereafter, a second application was filed under Section 233 CrPC, for the production of same witnesses.
  • Both these applications were rejected.
• Thereafter, a criminal revision has been filed by the accused before the High Court of Allahabad.
  • The High court set aside the order of the Trial Court.

What were the Court’s Observations?

• Justice Jyotsna Sharma observed that under Section 311 of CrPC, the power to summon lies with the courts only and under Section 233 of CrPC, the right of defence lies with the accused and the court's interference is limited.
• The observation of the learned trial court that summoning the witnesses will be tantamount to review is misconceived. The trial court failed to apply the law in the right perspective and ignored the difference in scope and implications in which the provisions of Section 311 of CrPC and Section 233 of CrPC are meant to be applied. Hence the order of the trial court suffers from legal flaw and is not sustainable.

What are the Relevant Legal Provisions?

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 313 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.

Section 233 of CrPC

About:

• Section of 233 CrPC finds place under Chapter XVIII titled as 'trial before a court of session'. This section deals with entering upon defence
  • The same provision has been covered under Section 256 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• It states that-

(1) Where the accused is not acquitted under Section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

• This provision is an essential part of session trial and is applicable when the prosecution evidence is complete, and the accused is given an opportunity to produce the evidence in its defence.