Power to Proceed against another person appearing to be Guilty of Offence CRPC - 319

Section 319 CrPC

Section 319- Power to proceed against other persons appearing to be guilty of offence.

(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 a fresh, and the 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.

INTRODUCTION

Section 319 of CrPC is a very important section to keep in mind. This section is important because under this section the court has been given the power to summon, detain the person who the court thinks has done the offence for which the accused is being prosecuted. For example- A is being prosecuted in court for an offence. If during the trial, the court is of the view after the production of evidence that B has committed the offence apart from A, then the court has the power to summon and detain or arrest B by serving a notice, and then both A and B can be tried together. This power is imperative for the justice system to work efficiently because once the trial starts, if the court cannot add any other accused to the trial or if the court cannot arrest some other person based on evidence, then it would not meet the ends of justice. This section is underlying the principle that a judge is to be condemned when the guilty person is acquitted.  

DIFFERENT ASPECTS OF SECTION 319

• There are two requirements that need to be fulfilled while invoking section 319 and calling an additional accused. The first requirement is that the court should be satisfied by the evidence on record that the person who is to be added as an additional accused has committed the offence in question. The second requirement is that the person, who will be the additional accused, can be tried together with the original accused. 

• The power to summon the additional accused in pointer one is discretionary in nature. It is left at the discretion of the courts to apply their judicial minds in the case above and decide whether they want to summon the accused or not. 

• Before the person can be summoned as an accused under this section, the court has to check the veracity of evidence on record and satisfy itself that there is a case made out against the person who should be summoned as an accused in the case. Without checking the evidence in detail, the court cannot decide anything under this section.

• The court while exercising jurisdiction can summon such a person when it is of the view that the person so added as an accused will be convicted in all likelihood. The court can form such an opinion only after every witness to that offence has been examined properly. 

• The discretion has to be exercised judiciously. Once a person is summoned as an accused, that person’s social identity will get tainted for life. Hence, the court should always use this section very judiciously. 

• A person whose name was mentioned in the FIR as an accused, if that person’s name is not charge-sheeted, even then the court can summon that person under this section. 

• A person who is neither named in the FIR nor charge-sheeted can be summoned based on evidence under this section. 

• Even if the investigating officer is of the view that a person should not be summoned as an accused, the court can still summon that person because that is the power of the court under this section. It cannot be hindered by the opinion of the investigating officer.

• The evidence on which a person is summoned has to be led to the court. The court can only consider the evidence that has been presented before it. The court cannot consider any other evidence which is mentioned in the case diary.