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National
Court: Section 348 BNSS Cannot Be Used To Reconstruct Defence After Closure
✍️ Live Law
🗓 06 Oct 2026, 08:36 PM
👁 14
A recent legal interpretation clarifies that the power to recall witnesses under Section 348 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be utilized to improve or reconstruct the defence after the prosecution has closed its case.
The legal landscape in India has seen a significant clarification regarding the procedural powers granted under the new criminal code. A recent judicial observation has established that Section 348 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which deals with the recall of witnesses, has specific limitations in its application.
The core of this legal interpretation is that the provision cannot be invoked by the defence to reconstruct or improve their case after the closure of the prosecution's evidence. This ruling aims to prevent tactical delays and ensure that the trial process remains efficient and fair.
Under the BNSS, which replaced the Code of Criminal Procedure (CrPC), the power to recall witnesses is intended to ensure justice is served when new evidence emerges or when a witness's testimony needs correction. However, courts have emphasized that this power is not a tool for the accused to reset their defence strategy once the state has finished presenting its case.
This distinction is crucial for maintaining the balance between the rights of the accused and the procedural integrity of the trial. Legal experts note that such interpretations help in preventing the misuse of procedural loopholes that could otherwise prolong criminal proceedings unnecessarily.
The core of this legal interpretation is that the provision cannot be invoked by the defence to reconstruct or improve their case after the closure of the prosecution's evidence. This ruling aims to prevent tactical delays and ensure that the trial process remains efficient and fair.
Under the BNSS, which replaced the Code of Criminal Procedure (CrPC), the power to recall witnesses is intended to ensure justice is served when new evidence emerges or when a witness's testimony needs correction. However, courts have emphasized that this power is not a tool for the accused to reset their defence strategy once the state has finished presenting its case.
This distinction is crucial for maintaining the balance between the rights of the accused and the procedural integrity of the trial. Legal experts note that such interpretations help in preventing the misuse of procedural loopholes that could otherwise prolong criminal proceedings unnecessarily.