section 540

section 540

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 reexamine any person already examined ;and the Court shall summon and examine or recall and reexamine any such person if his evidence appears to it essential to the just decision of the case.

Object of section 540

PLJ 2010 FSC 8

The object of section 540 is  to enable the Court to arrive at the truth.

2012 YLR 2302

The provisions of section 540 Crpc in examining ,recalling or summoning any witness were incorporated to confer jurisdiction on the Court to arrive at the truth in accordance with law and technicalities  should not be allowed to interfere with that function

2011 SCMR  474

Court has wide powers to call or recall any witness but such powers are not to be exercised to fill in lacuna left by any party.

Discretionary power

The section gives wide discretionary powers to a Court to examine any witness as a court witness at any stage of the case .(NLR 1999 Cr. 358)

The section consists of two parts:

(A) ONE  give discretionary power to the court
(B)the other imposing  an obligation on it.
PLD 2013 SC 160
At  any stage

The powers conferred by this section can be exercised at any stage of the inquiry or trial. PLD 1992  Kar.91

Parties to be informed beforehand about witnesses  to be examined

In fairness to parties and  with a view to afford them  an opportunity of proper cross examination , the Court should ordinarily inform them beforehand of the name of witnesses whom the Court intends to examine.But no such notice need be  given where the order summoning the witness is passed  in the presence of a party (PLD 1974 Lah. 14)

Examination of accused

Every accused has to be given a fair and reasonable opportunity of being heard and he should not be punished or penalized due to the pre occupation of his counsel (PLD 1991 Kar.351)

Essential to the just decision 

Where any evidence is essential for just decision of the case it is obligatory upon Court to allow its production and examination(2011 SCMR 713)

Example

in all important cases such as murder and dacoity it is essential to call the investigation police officer
Recalling of witness
Under the section the court is empowered to recall and reexamine  any person who has already been examined by  the court( 2011 MLD 470)

Production of documents

2004 MLD 1099

Provisions of section 540 does not at all refer to documents but it talks of summoning or examining of persons as witnesses or to recall or reexamine any person already examined.

1990 SCMR 895

SECTION 540 read with Article 161 QSO 1984

It is the duty of the judge where an essential document has been overlooked, to have it admitted in evidence by recalling a witness at any stage of the trial.

Rebuttal evidence

where a witness is examined under this section the other party against whom the evidence is givenis not entitled,as of right,to have an opportunity to produce evidence in rebuttal (PLD 1952 Lah.388(DB)
However if the evidence of a court witness is prejudicial to the accused ,opportunity to rebut such evidence must be given to the accused.(1993 SCMR 51)