Chapter XXIV
Section 319 CrPC: Power to proceed against other persons appearing to be guilty of offence
New Law Update (2024)
Section 342 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under Sub-Section (1), then—
(a) the proceedings in respect of such person shall be commenced afresh, and witnesses re-heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.
Important Sub-Sections Explained
Section 319(1) CrPC
This sub-section empowers a criminal court to summon and try any person as an additional accused during an ongoing inquiry or trial, provided there is sufficient evidence indicating their involvement in the offence, even if they were not initially charged.
Section 319(4) CrPC
This sub-section mandates that when a new accused is summoned, the proceedings against them must commence afresh, and all relevant witnesses must be re-heard in their presence to ensure they have a fair opportunity to cross-examine and defend themselves.
Landmark Judgements
Hardeep Singh v. State of Punjab (2014):
This landmark judgment by a Constitution Bench clarified the scope and conditions for exercising power under Section 319 CrPC. It held that the power can be exercised at any stage after the submission of the chargesheet till the pronouncement of judgment, provided there is ‘some evidence’ pointing to the involvement of the person. The evidence must be more than a mere strong suspicion or a prima facie case; it must be such that it would enable the court to conclude that the person ‘appears to have committed an offence’.
Shiv Kumar Yadav v. State of Rajasthan (2016):
The Supreme Court reiterated that the power under Section 319 CrPC is an extraordinary one and should be used sparingly. It reaffirmed that the evidence available before the court must be such that it indicates a strong possibility of conviction, and not merely a suspicion, against the person sought to be summoned as an additional accused. The Court also emphasized that the discretion under Section 319 must be exercised judiciously.
Draft Format / Application
IN THE COURT OF THE [Designation of Court, e.g., JUDICIAL MAGISTRATE FIRST CLASS / SESSIONS JUDGE] AT [City]
C.C. NO. / S.T. NO. / FIR NO. [Number] OF [Year]
[State/Complainant Name]
VERSUS
[Accused Name(s)]
APPLICATION UNDER SECTION 319 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the present case is pending before this Hon’ble Court for [stage of trial, e.g., recording of evidence / further proceedings].
2. That during the course of inquiry into, or trial of, the aforesaid offence, evidence has emerged which clearly indicates the involvement of certain persons, namely, [Name of proposed accused 1, S/o/D/o, R/o] and [Name of proposed accused 2, S/o/D/o, R/o], who are not presently arrayed as accused in the present case.
3. That the said evidence, specifically [briefly mention the evidence, e.g., the testimony of PW-1, the recovery memo, the statement under Section 164 CrPC], strongly suggests that the aforementioned persons have committed an offence for which they could be tried together with the existing accused.
4. That it is essential in the interest of justice that the said persons be summoned and proceeded against as additional accused in this case to ensure a complete and fair trial.
5. That the applicant has not filed any similar application previously.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Summon [Name of proposed accused 1] and [Name of proposed accused 2] as additional accused in the present case under Section 319 of the Code of Criminal Procedure, 1973.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER REMAIN GRATEFUL.
Date: [Date]
Place: [Place]
[Signature of Applicant/Counsel]
[Name of Applicant/Counsel]
[Designation/Roll No.]