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Context

• The Supreme Court clarified that the test for allowing an application under Section 319 of the CrPC is higher than establishing a prima facie case but falls short of evidence that, if unchallenged, would result in a conviction.

Section 319

• Section 319 grants the court the power to summon, detain, or arrest a person, other than the accused, if it appears from the evidence that they have committed the offense.

Nature and Scope

• The Supreme Court, as the Federal Court of India, upholds the constitutional separation of powers between the center and state governments.
• It has primary jurisdiction over disputes between the Union and states or between states, ensuring legal rights are upheld and disputes resolved effectively.

Dispute Resolution

• The section deals with the power of the court to proceed against other persons appearing to be guilty of an offense for which the accused is prosecuted.

Additional Prosecution

• It allows the court to try a person together with the accused if evidence suggests their involvement in the offense.
• This ensures justice and considers the convenience of both parties by joining the newly added accused in the same case.

Objective

• Section 319 ensures that the guilty are not spared from justice while protecting the rights of the innocent, aligning with the principle of double jeopardy.

Nature of Power

• The power under Section 319 is extraordinary and must be exercised judiciously, only when strong and cogent evidence is available against a person.

Essentials

• The court must be satisfied by the evidence that a person other than the accused has committed the offense.
• Such person must be tried together with the accused, and the proceedings against him must start de novo.

Exercise of Power

• The power can be exercised by the court suo moto or upon application by any person, including the accused, at any stage of the trial or inquiry.

Limitations

• The power cannot be exercised if the case is at the stage of Section 207 to Section 209 of the CrPC.
• A person who has been discharged cannot be summoned under Section 319, except under certain circumstances.

Case Laws

• The Supreme Court has laid down guidelines regarding the exercise of powers under Section 319, emphasizing the need for strong evidence against the newly accused.

Conclusion

• Section 319 of the CrPC is a crucial tool in ensuring that justice is served by allowing the court to include additional accused in a trial based on compelling evidence, thus maintaining a balance between the rights of the accused and the interests of justice.

PRACTICE QUESTION Q. Which of the following statements regarding Section 319 of the CrPC is/are correct? 1.Section 319 grants the court the power to summon, detain, or arrest a person, other than the accused, if it appears from the evidence that they have committed the offense. 2.The Section allows the court to try a person together with the accused if evidence suggests their involvement in the offense. 3.The power can be exercised by the court suo moto or upon application by any person, including the accused, at any stage of the trial or inquiry. Select the correct answer using the codes below: A) 1 and 2 only B) 1, 2, and 3 only C) 1 and 3 only D) None Answer: B) 1, 2, and 3 only