Introduction

This comprehensive paper critically examines Sections 311, 313 and 319 of the Code of Criminal Procedure, 1973, which play a pivotal role in ensuring fair trial and substantive justice in criminal proceedings. Section 311 CrPC empowers the court to summon, recall or re-examine any witness at any stage of the trial if such evidence appears essential for a just decision. The paper discusses the nature, object and scope of this provision, emphasizing that the power is discretionary yet mandatory when justice demands, and cannot be exercised to fill lacunae in the prosecution case.       
Section 313 CrPC, which mandates the examination of the accused, is analyzed in detail with respect to its purpose of affording the accused a fair opportunity to explain incriminating circumstances appearing in evidence. The paper highlights procedural safeguards, the effect of silence or false answers by the accused, and the consequences of non-compliance, supported by authoritative judicial pronouncements.  

Further, Section 319 CrPC is examined as an extraordinary power enabling the court to summon additional accused persons based on evidence emerging during trial. The paper explains the strict standards governing its exercise, the requirement of strong and cogent evidence, and limitations such as protection afforded to public servants and discharged persons.

Drawing extensively from leading judgments of the Supreme Court and High Courts, the paper provides practical insights into the application of these provisions, common pitfalls, and their impact on criminal trial proceedings. It serves as a valuable reference for judges, advocates, law students and researchers dealing with procedural aspects of criminal law.