Recall of witnesses when charge altered
Section 217 of the Code of Criminal Procedure, 1973 deals with recall of witnesses when charge altered. 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- (a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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-
(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice ;
(b) also to call any further witness whom the Court may think to be material.
B.-Joinder of charges
Section 217, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 240 Recall of witnesses when charge altered Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Haji Mahboob Ahmad vs Kalyan Singh
Court's Decision & Legal Precedent
The Supreme Court of India has the constitutional power under Article 142 to transfer criminal proceedings from one court to another to remedy procedural defects and ensure complete justice, even when the High Court has statutory power under Section 407 of the Criminal Procedure Code to do so. This power can be exercised when crimes that shake the secular fabric of the Constitution have allegedly been committed and the accused persons have not been brought to book largely because of procedural defects and the conduct of the investigating agency. The transfer does not violate Article 21 of the Constitution because the procedure established by law itself contemplates such transfers under Section 407 of the Criminal Procedure Code, and the absence of a non-obstante clause in Section 11(1) proviso of the Criminal Procedure Code distinguishes this case from cases where substantive rights are infringed. Additionally, criminal conspiracy charges already contained in a joint charge sheet cannot be separated from the accused persons by discharging them, and all offences committed in the course of the same transaction to accomplish a conspiracy must be tried jointly.
On this section: Right to recall witnesses - the Court held that witnesses already examined can be recalled for cross-examination on newly added charges
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Aaftab Unnisa Begum vs State of Telangana
Court's Decision & Legal Precedent
At the stage of framing charges or considering discharge applications, the court should consider the allegations on face value based on victim statements and prima facie material without conducting a roving enquiry. Confessional statements of co-accused, while not substantive evidence, can serve as corroborative material to establish prima facie case for continuation of trial. The court's power to amend or add charges under Section 216 CrPC after framing charges is valid and does not prejudice the accused's right to fair trial, provided Section 217 CrPC is complied with for recall of witnesses.
On this section: Requirement to recall witnesses for further examination if charges are amended during trial
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Sujith Surendran vs State of Kerala
Court's Decision & Legal Precedent
The power of a court to alter or add charges under Section 216 Cr.P.C is unrestrained provided such alteration or addition is made before judgment is pronounced and is supported by material evidence on record that has connection to the charges sought to be amended. The mere alteration of charges after conclusion of trial does not result in prejudice to the accused as sufficient procedural safeguards are built into Section 216 Cr.P.C and related provisions. Therefore, a court's decision to alter charges based on evidence recorded during trial cannot be interfered with unless it is shown that the court acted without any material or exceeded its jurisdiction.
On this section: Deals with recall of witnesses when charge is altered or added by court after commencement of trial. Referenced to show procedural safeguards available to accused.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 217
What have the courts held on Section 217 of the Code of Criminal Procedure?
Haji Mahboob Ahmad vs Kalyan Singh (19 Apr 2017) is the leading judgment on this section among those set out below: Right to recall witnesses - the Court held that witnesses already examined can be recalled for cross-examination on newly added charges. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2017 to 2023.
How do I find court cases under Section 217 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 217, section 217 CRPC, section 217 of the Code of Criminal Procedure. People searching for it also type 217 crpc in bnss and crpc under section 217. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Haji Mahboob Ahmad vs Kalyan Singh (19 Apr 2017).
What should I read with Section 217 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 240 (Recall of witnesses when charge altered), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 217 of the Code of Criminal Procedure come into force?
Section 217 of the Code of Criminal Procedure, cited as CRPC 217, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.