Adam Charles 02 April 2021
aditi srivastava 02 April 2021
- Section 311 of the Code gives a discretion on the Court to act as the exigencies of justice. It enables and imposes on the Court the duty of summoning witnesses who would be brought before the court. The object of this provision is to enable the court to find the truth or otherwise of the fact under investigation- by summoning and examining the witnesses who can give evidence, irrespective of the fact whether a particular party has summoned them or not. Magistrate has full power to direct that a medical examination of the accused be performed where circumstances are such that reasonable grounds for believing that such an examination will afford evidence as to the commission of an offence.
Section 311(A) states that if a Magistrate of the first class is satisfied for the purposes of any investigation or proceeding under this Code, it can direct an accused person, to give specimen of signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced at the time and place specified in such order and shall give his specimens. Provided that no order shall be made unless the person has at some time been arrested in connection with such investigation.Subject to any rules made by the State Government, any Criminal Court if it thinks fit, order payment, on the part of the Government, for reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before the Court.
regards
P. Venu (Advocate) 03 April 2021
What are the facts? What is the context?
Adam Charles 03 April 2021
Dr J C Vashista (Advocate) 04 April 2021
Section 311 (2) is yet to be incorporated in Criminal Procedure Code, 1973
sneha jaiswal 11 April 2021
Hello, Greetings of the day,
Yes, there is no such subsection 2 of Section 311 of crpc. Section 311 (2) is yet to be incorporated in crpc.
Hope it helps
Regards,
Sneha Jaiswal