Section 319 CrPC: 12 Guidelines Issued By Supreme Court’s Constitution Bench To Summon Additional Accused During Trial
Section 319 CrPC: Power to Summon Additional Accused
Statutory Provision:
Section 319 CrPC empowers the trial court to summon any person as an accused if, upon consideration of the case and the evidence produced, it appears to the court that such person has committed an offence related to the one being tried.
This section is a prosecutorial tool designed to ensure that all persons allegedly involved in the crime are brought to trial, even if they were not originally named in the chargesheet or FIR.
Purpose and Importance:
To prevent failure of justice by leaving out an accused who should be tried.
Enables courts to expand the scope of trial without initiating a fresh proceeding.
Ensures the trial is comprehensive and fair.
Supreme Court’s Constitution Bench Guidelines on Section 319 CrPC
In the landmark case of Dharam Pal & Ors v. State of Haryana, (2015) 8 SCC 503, the Supreme Court’s Constitution Bench laid down 12 guidelines for courts while exercising their power under Section 319 CrPC to summon additional accused.
The 12 Guidelines:
Threshold for Summoning:
The court must form a prima facie opinion that the additional person is involved in the commission of the offence.
It is not necessary for the court to be satisfied beyond a reasonable doubt at this stage.
Independent Inquiry:
The court should conduct an independent inquiry of the materials on record before summoning.
Material Evidence:
Summoning can be based on material already available on record, including the evidence produced before the court.
Notice to Additional Accused:
The person sought to be summoned must be given an opportunity to be heard before being summoned.
No Need for Formal Charge:
The summoning is a preliminary stage, and the formal charge can be framed later.
No Undue Delay:
The court should exercise its power to summon additional accused at the earliest possible stage to avoid delay in trial.
Benefit of Doubt to Be Given:
If doubt persists, the benefit should be given to the person, and the court should avoid summoning without sufficient basis.
Single Order for Summoning:
The order summoning additional accused should be speaking and reasoned, recording the basis for summoning.
Effect of Summoning on Trial:
Summoning additional accused expands the scope of trial but does not require a new trial.
Power Not to Summon:
The court can decline to summon if the materials do not indicate the involvement of the person.
Summoning Should Not be Used as a Weapon:
The court should ensure that summoning is not misused to harass or vex individuals.
Scope Limited to Offences Connected:
The person summoned must be connected to the offences under trial or part of the same transaction.
Additional Important Points:
Section 319 is a procedural power, not substantive right.
The court should balance between ensuring justice and protecting individuals from unnecessary harassment.
The power to summon additional accused is an extraordinary power and must be exercised cautiously.
Key Supreme Court Cases on Section 319 CrPC
1. Dharam Pal & Ors v. State of Haryana, (2015) 8 SCC 503
The Constitution Bench gave the detailed 12-point guidelines.
Emphasized the court’s duty to act on available evidence and not remain a silent spectator.
2. Piyush Aggarwal v. State NCT of Delhi, (2022) 9 SCC 373
Reinforced that the court must conduct an independent review before summoning.
Summoning must be based on cogent material.
3. Ravji v. State of Rajasthan, (2013) 1 SCC 778
Held that the court is duty-bound to summon additional accused if evidence suggests their involvement.
4. State of Punjab v. Baldev Singh, AIR 1999 SC 2378
The Court reiterated that the court can summon any person if prima facie involved in the offence.
5. B. Krishnamurthy v. The State of Madras, AIR 1960 SC 129
Emphasized that the stage of summoning is preliminary and should be based on prima facie material.
6. K. Nagaraju v. State of A.P., AIR 1999 SC 2077
Clarified that the court must ensure the summons are not issued arbitrarily and must record reasons.
Practical Implications of Section 319
Courts should vigilantly use Section 319 to bring all involved to trial.
It acts as a safeguard against omission of culpable persons.
Protects accused from being dragged unnecessarily by requiring a prima facie case.
Encourages thorough investigation and fair trial.
Summary
| Guidelines for Summoning under Section 319 CrPC | Essence |
|---|---|
| Prima facie satisfaction | Summoning based on preliminary evidence |
| Independent inquiry | Court’s own assessment of evidence |
| Opportunity to be heard | Fair hearing before summoning |
| Reasoned order | Summoning must be justified in writing |
| No conclusive proof needed | Beyond reasonable doubt not required |
| Avoid harassment | Power not to be misused |
| Timely exercise of power | To avoid delay in trial |
| Scope limited to connected offences | Summoning only when connected to the case |
Conclusion
Section 319 CrPC empowers courts to summon additional accused to ensure comprehensive and just trials. The Supreme Court’s 12 guidelines help balance the court’s duty to bring all offenders to justice and the protection of innocent persons from undue harassment. These guidelines act as a benchmark for courts across India in exercising this power judiciously.
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