SC: The power u/s 319 Cr.P.C. should be exercised sparingly

The Hon’ble Supreme Court, in the matter of Shiv Prakash Mishra v. State of Uttar Pradesh and Another observed that the standard of proof employed for summoning a person as an accused person under Section 319 Cr.P.C. is higher than the standard of proof employed for framing a charge against the accused person.

The Hon’ble Supreme Court observed that:

The power under Section 319 Cr.P.C. can be exercised by the trial court at any stage during trial to summon any person as an accused to face the trial if it appears from the evidence that such person has committed any offence for which such person could be tried together with the accused. (Para 8)

The standard of proof employed for summoning a person as an accused person under Section 319 Cr.P.C. is higher than the standard of proof employed for framing a charge against the accused person. The power under Section 319 Cr.P.C. should be exercised sparingly.(Para 9)

Copy of judgment: Judgement_23-Jul-2019

-Tushar Kaushik

Leave a Reply

Your email address will not be published. Required fields are marked *