#Defence Witnesses

The J&K High Court held that inherent powers under Section 528 BNSS cannot override the statutory bar on second revisions under Section 438(3), dismissing a petition challenging the denial of 19 defence witnesses in a Section 138 NI Act case where the defence was provable through sale deeds. The court also cited an unexplained 11-month delay in filing the revision.

Allahabad High Court reaffirms that accused persons have an unconditional right to summon defence witnesses under Section 233 CrPC, striking down trial court orders that denied summons without valid grounds like vexation or delay. The ruling mandates fair trial principles, ensuring defence evidence is not arbitrarily curtailed in criminal proceedings.