Truth Before Technicality: A Judicial Duty Under Section 311 CRPC
- IJLLR Journal
- Jul 20
- 1 min read
Soumita Chakraborty, Kingston Law College
ABSTRACT
In the complex of real world of criminal trials, judges often find themselves at a crossroads where the evidence laid before them seems incomplete, a crucial witness has turned hostile, or new facts emerge after the case appears to have reached its end. In such moments, the role of the judge transforms from a passive listener to an active seeker of truth. Section 311 of the Criminal Procedure Code, 1973, equips the court with a powerful tool to navigate these complexities. It allows the judge, at any stage of the proceedings, to summon or recall any person whose testimony could be essential to reaching a just conclusion. This provision is not merely procedural; it reflects a deeper commitment to fairness, ensuring that no trial becomes a casualty of technical limitations. This article explores how Section 311 serves as both a discretionary power and a binding duty, allowing judges to rise above procedural boundaries and deliver justice rooted in truth, not just in formality.
Keywords: section 311 CrPC, fair trials, justice, law, judge, judicial duty
