Delhi APO 2005

Whenever there is alteration or addition in the charge after commencement of trial, the accused shall be allowed to recall or re-examine the witnesses or call further witnesses. How is this interpreted as?

Verified Answer
A. A right of the accused
B. Not a right of the accused
C. A duty of the court
D. In the discretion of the court

Explanation:

Section 217 of the CrPC explicitly states that whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, and also to call any further witness whom the Court may think fit to be material. This provision is interpreted as a fundamental right of the accused to ensure a fair trial.