Alterations to statement given on oath & crossexamination

See, usually it is not possible for a witness / complainant to seek corrections (after 3-4 months) to her statement recorded earlier by the court on oath. Once the statement has been recorded in the open court (usually, her own advocate would also be present), and duly taken on record by the court, it cannot be edited at a subsequent stage.

Having said that, Cr.P.C. does empower the court to recall and reexamine a witness at any stage of the trial. This provision under Section 311 of Cr.P.C. gives a vast power to the court. A party to the trial (such as the complainant) may request the court by filing an application for recall and reexamination of a witness who has already been examined earlier by the court by giving proper justification, and thereafter, it is for the court to take a decision in accordance with the provisions of Section 311 Cr.P.C., which is reproduced below:

“311. Power to summon material witness, or examine person present.— Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine 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.”

Thus, the legal power is available with the court to recall and reexamine the witness, though this power is usually not to be exercised in a routine manner. There have to be justifiable reasons. Moreover, it is always possible for the opposite party to argue that what was stated during reexamination was an afterthought and should not be given much weightage by the court while appreciating the evidence.

See, usually it is not possible for a witness / complainant to seek corrections (after 3-4 months) to her statement recorded earlier by the court on oath. Once the statement has been recorded in the open court (usually, her own advocate would also be present), and duly taken on record by the court, it cannot be edited at a subsequent stage.

Having said that, Cr.P.C. does empower the court to recall and reexamine a witness at any stage of the trial. This provision under Section 311 of Cr.P.C. gives a vast power to the court. A party to the trial (such as the complainant) may request the court by filing an application for recall and reexamination of a witness who has already been examined earlier by the court by giving proper justification, and thereafter, it is for the court to take a decision in accordance with the provisions of Section 311 Cr.P.C., which is reproduced below:

“311. Power to summon material witness, or examine person present.— Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine 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.”

Thus, the legal power is available with the court to recall and reexamine the witness, though this power is usually not to be exercised in a routine manner. There have to be justifiable reasons. Moreover, it is always possible for the opposite party to argue that what was stated during reexamination was an afterthought and should not be given much weightage by the court while appreciating the evidence.

Extremely Thankyou Sir....Even im a "Dhamija" by surname.