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belated witnesses

1 articleLatest April 2026
Section 311 CrPC | Late Addition of Witnesses to Fill Prosecution Lacunae Impermissible in Section 138 NI Act Cases : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 311 CrPC | Late Addition of Witnesses to Fill Prosecution Lacunae Impermissible in Section 138 NI Act Cases : Punjab & Haryana HC

The Punjab & Haryana High Court has ruled that invoking Section 311 CrPC to summon witnesses never disclosed in the complaint or witness list - even after evidence closure - amounts to impermissibly amending the prosecution’s case. This sets a strict boundary against procedural manipulation in cheque bounce cases, safeguarding accused persons from last-minute evidentiary surprises that undermine fair trial rights.