The Karnataka High Court has clarified the scope of Section 311 of the Code of Criminal Procedure, 1973 (CrPC) in the context of recalling a prosecution witness after the commencement of the accused's statement under Section 313 CrPC. The Court held that while the power to recall a witness is discretionary, it cannot be exercised after the recording of the accused's statement under Section 313 CrPC has begun, unless exceptional circumstances justify such recall. This ruling underscores the balance between ensuring a fair trial and preventing unnecessary delays in criminal proceedings, particularly in serious offences like murder.
Case Details
Sri. Ravi @ Gobi Ravi v. State of Karnataka
2026:KHC:37874
Court
High Court of Karnataka at Bengaluru
Date
22 July 2026
Case Number
Crl.P No. 10259 of 2026
Bench
Hon'ble Mr. Justice M. Nagaprasanna
Counsel
Pet: Sri. Parashuram Hattarakihal
Res: Smt. Waheeda M.M
Frequently Asked Questions
No, the Karnataka High Court held that the power under Section 311 CrPC cannot be exercised after the recording of the accused's statement under Section 313 CrPC has commenced, unless exceptional circumstances justify such recall.
The ruling clarifies the scope of Section 311 CrPC in the context of recalling a prosecution witness after the commencement of the accused's statement under Section 313 CrPC, balancing the right to a fair trial with the need to avoid unnecessary delays in criminal proceedings.
The Court permitted the recall of PW-22 for further cross-examination but directed that the cross-examination must be completed on a single day and not protract the trial further.
