Article 39 Witnesses not called by prosecutor

If the prosecutor does not propose to call as a witness against the accused a person whose statement has been served on the accused or to call a witness in respect of whom he has notified the accused that he intends to call him under Order 38, he shall either tender him for cross-examination by the accused, or give the accused reasonable notice that he does not intend to call the witness and that the accused will be allowed to communicate with him and to call him as a witness for the defence, if he so desires and if the witness is available.