Understanding The Complexity Of Section 319 Of CrPC

Time and again, there have been controversies and debates over Section 319 of the Criminal Procedure Code, 1973 (CrPC) regarding the stages at which it is to be used, the weight of evidences or the category of persons against whom it may be used. Though the controversy involved was settled in the case of Hardeep Singh vs State of Punjab ((2014) 3 SCC 92) to an extent, yet the matter crops up time and again in some courts of the country regarding the interpretation of this section on certain untouched issues. This article focuses on understanding this section in a more clear way. Section 319 of CrPC and its objective The section reads as; "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) xxxxxxx (3) xxxxxxx (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." Section 319 Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of Section 319 Cr.PC. In criminal justice system, there are always chances that the real culprit or accomplice may be rescued either by the collusion of police or due to poor and incompetent investigation. In order to bring such culprits under the hammer of justice, the power of summoning the additional accused is provided to courts trying the case. This power under sec 319 may be used by court suo-moto or on an application by the complainant. The person who is summoned may be arrested or taken into custody if the court deems fit. The legislative policy behind framing of this Section in the Criminal Procedure Code is multifold. The Constitutional mandate under Articles 20 and 21 of the Constitution of India provides a protective umbrella for the smooth administration of justice making adequate provisions to ensure a fair and efficacious trial so that the accused does not get prejudiced after the law has been put into motion to try him for the offence but at the same time also gives equal protection to victims and to the society at large to ensure that the guilty does not get away from the clutches of law. For the empowerment of the courts to ensure that the criminal administration of justice works properly, the law was appropriately codified and modified by the legislature under the Cr.P.C. This is indicative of how the courts should proceed in order to ultimately find out the truth so that an innocent does not get punished but at the same time, the guilty are brought to book under the law. It is these ideals as enshrined under the Constitution and our laws that have led to addition of sections like 319 in criminal procedure code to find out the real truth and to ensure that the guilty does not go unpunished. Who can use section 319 of Cr.P.C Court in Hardeep Singh case( Supra) held; "It is at this stage the comparison of the words used under Section 319 Cr.P.C. has to be understood distinctively from the word used under Section 2(g) defining an inquiry other than the trial by a magistrate or a court. Here the legislature has used two words, namely the magistrate or court, whereas under Section 319 Cr.P.C., as indicated above, only the word court has been recited. This has been done by the legislature to emphasize that the power under Section 319 Cr.P.C. is exercisable only by the court and not by any officer not acting as a court. Thus, a magistrate not functioning or exercising powers as a court can make an inquiry in a particular proceeding other than a trial but the material so collected would not be by a court during the course of an inquiry or a trial. The conclusion therefore, in short, is that in order to invoke the power under Section 319 Cr.P.C., it is only a Court of Sessions or a Court of Magistrate performing the duties as a court under the Cr.P.C. that can utilize the material before it for the purpose of the said Section." Therefore, from the para quoted above it can be safely concluded that only the court is empowered to summon the additional accused under this section and not any other magistrate who doesn't act as court thereof. Can Session court summon an additional...

Understanding The Complexity Of Section 319 Of CrPC

Aanchal Dahiya & Hari Mudgil

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