Section 319 CrPC Archives

‘High Court misapplied S. 319 CrPC by prioritising unproved defence documents over sworn testimony’; Supreme Court restores summoning order in abetment to suicide case

“If the allegations are true, telling a physically challenged man that he and his family should die, and doing so in the immediate aftermath of a grievous acid attack, is not banter. Sensitivity to the social context, where honour and shame weigh heavily, was called for. The offence, no doubt, will have to be established at the trial.”

hc revisional jurisdiction order relate back

Case Briefs Supreme Court

Order passed by High Court in exercise of its revisional jurisdiction would relate back to the order of the Trial Court: SC

“Although the law allows for travelling back of the revisional order of the High Court, yet it is far from ideal to do so after the passage of a substantial period of time. The correct approach to be adopted in cases like this is that the High Court should direct the Trial Court to stay its proceedings till the revision proceedings in respect of Section 319, CrPC are disposed of.”

Case Briefs Supreme Court

Section 319 CrPC | Person can be summoned to face trial even if police does not name him as an accused in chargesheet: SC

“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”

Case Briefs High Courts

Courts should ensure witness testimonies are not motivated by revenge/external influence before allowing Section 319 CrPC application: Calcutta High Court

The Calcutta High Court held the power under Section 319 of the CrPC should be exercised sparingly and based on strong and cogent evidence, not mere probability of complicity.

Case Briefs Supreme Court

Trial in a Dowry Death case prompts Supreme Court to reiterate guidelines for exercising powers under Section 319 of CrPC

The Supreme Court directed the Trial Court to follow the guidelines extensively iterated by the Constitution Bench in the case of Sukhpal Singh Khaira for summoning the appellant as an additional accused.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.

Case Briefs High Courts

Uttaranchal High Court | Word “appears” under Section 319 CrPC has great significance; Higher level of satisfaction than mere prima facie case is required for summoning of an accused

Uttaranchal High Court: While allowing the revision petitions, the single judge bench of Ravindra Maithani, J. has held that Sessions

Case Briefs Supreme Court

SCC Times

Section 319 CrPC

‘High Court misapplied S. 319 CrPC by prioritising unproved defence documents over sworn testimony’; Supreme Court restores summoning order in abetment to suicide case

Order passed by High Court in exercise of its revisional jurisdiction would relate back to the order of the Trial Court: SC

Section 319 CrPC | Person can be summoned to face trial even if police does not name him as an accused in chargesheet: SC

Courts should ensure witness testimonies are not motivated by revenge/external influence before allowing Section 319 CrPC application: Calcutta High Court

Trial in a Dowry Death case prompts Supreme Court to reiterate guidelines for exercising powers under Section 319 of CrPC

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

Uttaranchal High Court | Word “appears” under Section 319 CrPC has great significance; Higher level of satisfaction than mere prima facie case is required for summoning of an accused

More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.

SC| Can’t summon additional accused under Section 319 CrPC in the absence of strong and cogent evidence

SC| Appellant Courts should be careful while rejecting application for filing ‘crucial’ additional evidence

Del HC | Trial Court directed to reconsider evidence for purpose of S. 319 CrPC even at stage of final hearing

Bom HC | Power under Section 319 CrPC to array additional accused to be invoked under special circumstances