Power to summon material witness, or examine person present

Section 311 of Code of Criminal Procedure, 1973 deals with power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined;

Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. 4[311A. Power of Magistrate to order person to give specimen signatures or handwriting .- If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an 1. Subs. by Act 22 of 2018, s. 16, for "section 376A, section 376B, section 376C or section 376D of the Indian Penal Code (45 of 1860), the inquiry or trial shall, as far as possible" (w.e.f. 21-4-2018). 2. The proviso ins. by Act 45 of 1978, s. 24 (w.e.f. 18-12-1978). 3. The proviso ns. by Act 5 of 2009, s. 21 (w.e.f. 1-11-2010). 4. Ins. by Act 25 of 2005, s. 27 (w.e.f. 23-6-2006). order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:

Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.]

Section 311, Code of Criminal Procedure, 1973 (Act 2 of 1974).