Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
The Court has also held that invoking this power at an inappropriate stage or without proper satisfaction can be challenged, and such invocation should follow principles of law and evidence ["2024 0 Supreme(Ker) 831"].
Analysis and Conclusion:
References:- ["2023 0 Supreme(All) 709"]- ["2024 0 Supreme(Gau) 261"]- ["2024 0 Supreme(Ker) 831"]- ["2024 0 Supreme(Raj) 608"]- ["2023 0 Supreme(Jhk) 156"]- ["2023 7 Supreme 162"]- ["2023 0 Supreme(AP) 673"]- ["2024 0 Supreme(All) 510"]- ["2023 0 Supreme(Kar) 529"]
In criminal trials, unexpected evidence can sometimes point to individuals not initially charged. This raises a critical question: 319 Cr P C when can be Invoked? , empowers courts to or witnesses during proceedings. However, this power is not unlimited. Understanding its scope is vital for lawyers, accused persons, and anyone navigating India's criminal justice system.
This post breaks down the conditions, stages, evidence requirements, and judicial safeguards for invoking . Drawing from precedents like Hardeep Singh vs. State of Punjab (2014), we'll explore how courts exercise this sparingly to ensure justice without prejudice. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
allows a court to summon any person not initially accused if evidence during trial suggests their involvement in the offense. The provision states that if it appears from evidence that such a person has committed an offense triable with existing accused, the court may proceed against them.
Key to its application: It is an extraordinary power exercised sparingly in exceptional circumstances.2023 0 Supreme(Jhk) 990 2023 0 Supreme(Jhk) 1095. Courts must balance the need for complete justice with protecting innocents from harassment.
A fundamental rule is timing. Section 319 cannot be invoked before the trial starts or during the initial inquiry stage. It applies only after the with the recording of evidence.
In Hardeep Singh vs. State of Punjab, the clarified: The power under is to be exercised only after the trial proceeds and . 2023 0 Supreme(Jhk) 990 2023 0 Supreme(Jhk) 1095. The inquiry stage does not involve evidence in a strict sense, so premature invocation is invalid.
For example, in one case, a lower court invoked Section 319 merely on a prosecutor's application before evidence recording, which was quashed for lacking satisfaction and strong evidence. 2025 Supreme(Online)(Gau) 8254. The emphasized: merely on the basis of filing of a petition by the learned Additional P.P., the learned Court below ought not to have invoked the jurisdiction under S.319 CrPC.
Timeline Summary:- Not before: FIR filing, investigation, or charge-sheet stage.- Only after: Evidence recording begins (e.g., witness ). 2023 0 Supreme(All) 1429
Courts demand a higher threshold than case for framing charges. The evidence must be , such that if unrebutted, it could lead to conviction. Mere probability or suspicion won't suffice.
What counts as evidence?- Witness statements in (no need to wait for ). 2023 0 Supreme(Jhk) 1095- Documentary evidence or trial materials.
The in Hardeep Singh held: the word evidence should be broadly understood and not limited to evidence tested by . 2023 0 Supreme(Jhk) 1095.
In practice:- Sufficient Example: Witness testimony directly implicating a non-accused, upheld in a cheating case where trial court relied on trial evidence. 2024 0 Supreme(Mad) 855. The court noted: only when evidence occurs against the person from the evidence the power under Section 319 Cr.P.C should be invoked.- Insufficient Example: No cogent material from an injured witness's claim led to remand for reasoned order. 2024 0 Supreme(All) 596.
The power extends widely:- Persons not named in FIR.- Named but not charge-sheeted.- Even discharged persons, subject to safeguards. 2023 0 Supreme(All) 1429 2023 0 Supreme(Jhk) 1095
For discharged persons, an inquiry under Sections 300(5) or 398 CrPC is needed before re-summoning. can also be invoked at the stage of inquiry... a person discharged can also be arraigned again as an accused but only after an inquiry. 2021 0 Supreme(All) 1284 2021 0 Supreme(All) 1286 2020 0 Supreme(P&H) 1325 2018 0 Supreme(Bom) 2713 2016 0 Supreme(Guj) 622.
Case Illustration: In a double murder, police initially cleared some accused, but trial evidence led to summons under Section 319, upheld as they evaded arrest and evidence warranted it. 2020 0 Supreme(P&H) 1325.
Judges wield this as a discretionary tool, not routine. Factors include:- Exceptional circumstances.- Ensuring joint trial feasibility.- Avoiding trial delays or prejudice.
Overuse is discouraged: the powers should be invoked so as to conclude the trial to its logical conclusion... powers under Section 319 Cr.P.C are invoked sparingly. 2024 0 Supreme(All) 596. In a murder case, rejecting impleadment due to no evidence, the court stressed: The power under Section 319 of the CrPC is discretionary and should be exercised sparingly. 2016 0 Supreme(Guj) 622.
No prior hearing needed for the summoned person if evidence is strong during trial. 2024 0 Supreme(Mad) 855.
In a Sessions case, premature cognizance was quashed: the provision under S.319 Cr.P.C. is to be invoked sparingly ensuring that the principles of ... are not vitiated. 2023 Supreme(Online)(Gau) 7451.
| Aspect | Rule ||--------|------|| Stage | Post-evidence recording in trial 2023 0 Supreme(Jhk) 990 2023 0 Supreme(All) 1429 || Evidence | Strong, cogent (beyond ) 2023 0 Supreme(Jhk) 1095 || Persons | Non-FIR, non-charge-sheeted, discharged (with inquiry) 2023 0 Supreme(All) 1429 || Exercise | Sparingly, discretionary 2023 0 Supreme(Jhk) 990 |
ensures no guilty escapes while protecting the innocent. As Hardeep Singh underscores, it's for justice's logical end, not fishing expeditions. Stay informed on these evolving interpretations to navigate trials effectively.
Disclaimer: Legal outcomes vary by facts. This overview draws from cited judgments; seek professional advice.
#Section319CrPC, #CrPCIndia, #CriminalLaw
State of Punjab Supra and added that while answering the reference, the Apex Court has also held that power under section 319 of Cr.P.C. can be invoked and exercised before the pronouncement of the order of sentence where, there is judgment of conviction of accused. ... The power under Section 319 CrPC is to be invoked and exercised before the pronouncement of the order of sentence where there is a judgment of conviction of the accused. In the case of acquittal, the power should be exercised before the order of acquitta....
satisfaction the jurisdiction of Section 319 Cr.P.C. cannot be invoked. ... In that view of the matter, merely on the basis of filing of a petition by the learned Additional P.P., the learned Court below ought not to have invoked the jurisdiction under Section 319 Cr.P.C. ... It appears that merely on filing of the application by the learned Additional P.P. the learned Court below has invoked the jurisdiction under Section 319 Cr.P.C. against the present petitioner. 9. ... Dewan, learn....
the jurisdiction of S.319 CrPC cannot be invoked. ... It appears that merely on filing of the application by the learned Additional P.P. the learned Court below has invoked the jurisdiction under S.319 CrPC against the present petitioner. ... In that view of the matter, merely on the basis of filing of a petition by the learned Additional P.P., the learned Court below ought not to have invoked the jurisdiction under S.319 CrPC. ... It is to be noted here that vide impugned order dated ....
Earlier even before commencement of trial, Section 319 Cr.P.C invoked, summons issued to D.Ganesan, B.Selvaraj and M.K.Manivannan. Challenging the same, Crl.R.C.No. 1700 of 2016 filed before this Court. ... State of Punjab and others, (2014) 3 SCC 92 while invoking power under Section 319 Cr.P.C., inter alia includes the principle that only when strong and cogent evidence occurs against the person from the evidence the power under Section 319 Cr.P.C should be invoked. ... State reported in (2014) 2 Law ....
invoked inasmuch as power under Section 319 Cr.P.C. is on high pedestal. ... Cr.P.C. are invoked sparingly. ... , the powers should be invoked so as to conclude the trial to its logical conclusion. ... the facts and circumstances, documents of the parties and referring the various judgments of the Constitutional Courts, such application has been rejected only for the reason that powers under Section 319 Cr.P.C are invoked sparingly. ... He has also stated that the learned court concern....
Therefore, only when some accused are already there in a case, Section 319 Cr.P.C. can be invoked for trying some others also along with the existing accused. In other words, at the time when the powers under Section 319 Cr.P.C are invoked, some person in the array of accused is necessary. ... In such circumstances, on the same day, the learned Magistrate has no power to invoke Section 319 of Cr.P.C. If Section 319 Cr.P.C. is invoked on a particular day and thereafter....
The learned court has further held that power under section 319 Cr.P.C is to be used sparingly and if it is so, which has to be invoked to indicate that there is possible conviction. In this background, he has dismissed the petition. ... If the power is not invoked or exercised in the main trial till its conclusion and if there is a split-up (bifurcated) case, the power under Section 319CrPC can be invoked or exercised only if there is evidence to that effect, pointing to the involvement of the additional accused to be s....
(viii) If the power is not invoked or exercised in the main trial till its conclusion and if there is a split-up (bifurcated) case, the power under Section 319 of CrPC can be invoked or exercised only if there is evidence to that effect, pointing to the involvement of the additional ... The power under Section 319 of CrPC is to be invoked and exercised before the pronouncement of the order of sentence where there is a judgment of conviction of the accused. In the case of acquittal, the power should be....
It is settled that the provision under S.319 Cr.P.C. is to be invoked sparingly ensuring that the principles of rule of law and the basic tenets of criminal law jurisprudence are not vitiated. ... It is to be noted here that vide the impugned order dated 24.05.2019, the learned Court below has invoked the jurisdiction under S.319 of the Cr.P.C. and taken cognizance of the offence under S.489 - B / 489 - C / 34 of the IPC, against petitioner Bharat Ch. Haloi in Sessions Case No.43/2018. ... Thereafter the prosecution side....
should have not been invoked by the trial Court. ... Thus, it is clear that the Court if finds that a person who was involved in the crime but was not made accused is required to face trial, the power provided under Section 319 of CrPC can be invoked. ... If the power is not invoked or exercised in the main trial till its conclusion and if there is a split-up (bifurcated) case, the power under Section 319CrPC can be invoked or exercised only if there is evidence to that effect, pointing to the involveme....
Both these provisions contemplate an inquiry to be conducted before any person, who has already been discharged, is asked to again face trial if some evidence appears against him. As held earlier, Section 319 Cr.P.C. can also be invoked at the stage of inquiry. We do not see any reason why inquiry as contemplated by Section 300(5) Cr.P.C. and Section 398 Cr.P.C. cannot be an inquiry under Section 319 Cr.P.C. Accordingly, a person discharged can also be arraigned again as an accused but only after an inquiry as contemplated by Section 300(5) and 398 Cr.P.C.
As held earlier, Section 319 Cr.P.C. can also be invoked at the stage of inquiry. Both these provisions contemplate an inquiry to be conducted before any person, who has already been discharged, is asked to again face trial if some evidence appears against him. Accordingly, a person discharged can also be arraigned again as an accused but only after an inquiry as contemplated by Section 300(5) and 398 Cr.P.C. We do not see any reason why inquiry as contemplated by Section 300(5) Cr.P.C. and Section 398 Cr.P.C. cannot be an inquiry under Section 319 Cr.P.C.
Both these provisions contemplate an inquiry to be conducted before any person, who has already been discharged, is asked to again face trial if some evidence appears against him. As held earlier, Section 319 Cr.P.C. can also be invoked at the stage of inquiry. Accordingly, a person discharged can also be arraigned again as an accused but only after an inquiry as contemplated by Sections 300(5) and 398 Cr.P.C. We do not see any reason why inquiry as contemplated by Section 300(5) Cr.P.C. and Section 398 Cr.P.C. cannot be an inquiry under Section 319 Cr.P.C.
Both these provisions contemplate an inquiry to be conducted before any person, who has already been discharged, is asked to again face trial if some evidence appears against him. Accordingly, a person discharged can also be arraigned again as an accused but only after an inquiry as contemplated by Sections 300(5) and 398 Cr.P.C. As held earlier, Section 319 Cr.P.C. can also be invoked at the stage of inquiry. We do not see any reason why inquiry as contemplated by Section 300(5) Cr.P.C. and Section 398 Cr.P.C. cannot be an inquiry under Section 319 Cr.P.C.
As held earlier, Section 319 Cr.P.C. can also be invoked at the stage of inquiry. We do not see any reason why inquiry as contemplated by Section 300(5) Cr.P.C. and Section 398 Cr.P.C. cannot be an inquiry under Section 319 Cr.P.C. Accordingly, a person discharged can also be arraigned again as an accused but only after an inquiry as contemplated by Sections 300(5) and 398 Cr.P.C. Both these provisions contemplate an inquiry to be conducted before any person, who has already been discharged, is asked to again face trial if some evidence appears against him.
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