Adding Additional Accused: To Invoke Section 319 CrPC Stronger Evidence Than Mere Probability Of Complicity Of A Person Required: SC [Read Judgment]

Ashok Kini

18 March 2019 12:30 PM IST

  • Adding Additional Accused: To Invoke Section 319 CrPC Stronger Evidence Than Mere Probability Of Complicity Of A Person Required: SC [Read Judgment]

    "The test to be applied is the one which is more than a prime facie case as examined at the time of framing charge but not of satisfaction to the extent that the evidence, if goes uncontroverted, would lead to the conviction of the accused.”"

    The Supreme court has reiterated that to add a person as additional accused under Section 319 of the Code of Criminal Procedure, stronger evidence is required than mere probability of complicity of that person. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari, while setting aside an order of High Court of Punjab and Haryana, observed that Courts,...

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