CrPC - S. 231

“231. Evidence for prosecution.–(1) On the date so fixed, the Judge shall proceed to take all such evidence as maybe produced in support of the prosecution.

(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross- examination.”  

Date of decision: October 30, 2018. 

Cr.P.C., Section 231(2) – Guiding principles  - There cannot be a straitjacket formula pro-viding for the grounds on which judicial discretion under Section 231(2) of the Cr.P.C. can be exercised -  The exercise of discretion has to take place on a case­to­case basis -  The guiding principle for a Judge under Section 231(2) of the Cr.P.C. is to ascertain whether prejudice would be caused to the party seeking deferral, if the application is dismissed - While deciding an Ap-plication under Section 231(2) of the Cr.P.C., a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence - The following factors must be kept in consideration:

•      possibility of undue influence on witness(es);

•      possibility of threats to witness(es);

•      possibility that non­deferral would enable subsequent witnesses giving evidence on similar facts to tailor their testimony to circumvent the defence strategy;

•      possibility of loss of memory of the witness(es) whose examination­ in­chief has been completed;

•      occurrence of delay in the trial, and the non­availability of witnesses, if deferral is al-lowed, in view of Section 309(1) of the Cr.P.C..

These factors are illustrative for guiding the exercise of discretion by a Judge under Section 231(2) of the Cr.P.C.

(2018)2 SCeJ 1579

SUPREME COURT OF INDIA

(2018)2 SCeJ 1579