Understanding the Right to Recall Witnesses after Changes in Charges: Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Section 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for the right to recall or re-examine witnesses to the accused after charges have been modified under Section 239 to ensure justice. Available in cases where the changes substantially change the case, the court has to allow it unless the request is to obstruct or delay justice. This section, replacing CrPC, 1973, promotes procedural fairness by enabling the accused to respond to novel evidence or allegations, courts maintaining flexibility to safeguard against abuse. It emphasizes reconciliation between judicial expediency and right of defense