Summary Notes of the lecture on Section 319 Cr.P.C.: Power of Court to Summon Accused by Mr S.R. Somasekhara, Bengaluru/Dist Judge
Below is a cohesive and arranged version of the lecture regarding Section 319 of the Criminal Procedure Code (CrPC), integrating the various aspects and legal provisions referenced during the speaker's lecture from speakers point of view:
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Good evening, friends. Today, I will discuss Section 319 of the CrPC, which allows courts to proceed against persons who appear to be guilty of an offense during an inquiry or trial. Before delving into Section 319, it is essential to understand other related provisions of the CrPC, such as Section 190, which deals with the magistrate's power to take cognizance of offenses based on complaints, police reports, or other sources.**
**Section 190 CrPC**: This section empowers magistrates to take cognizance of offenses. Understanding this provision helps in grasping the operational context of Section 319, as it sets the stage for initiating legal proceedings.
**Section 173 CrPC**: Discusses the police report submitted post-investigation. It is crucial for understanding how a magistrate might proceed against someone not named in the initial report if evidence later suggests their involvement.
**Section 204 CrPC**: Relates to the issuance of process. It is important when discussing the initial stages of legal proceedings, leading up to and supporting the use of Section 319.
**Section 319 CrPC**: Specifically, I'll focus on this section, which allows the court to act against any person not being a defendant but appearing, based on evidence during a trial or inquiry, to be guilty of the offense. This provision can be invoked at any stage of the trial or inquiry, provided sufficient evidence emerges.
**Live Case Examples**: I will share a few cases from my experience to illustrate the practical application of these provisions:
1. **Misappropriation of Funds Case**: Involving an employee from the social welfare department who misappropriated scholarship funds. Despite the police's failure to trace the accused initially, I treated the closure report as a charge sheet and issued process against the accused based on sufficient information in the first information report.
2. **Government Surveyor Case**: Concerning a surveyor accused of possessing wealth disproportionate to his known sources of income. The special court allowed further investigation after the initial finding of guilt, illustrating the ongoing judicial process and the possibility of revisiting initial decisions based on new evidence.
**Legal Process and Judicial Actions**: In cases where individuals are not named in initial reports or charge sheets but later implicated by evidence, it is essential for the judiciary to critically evaluate such evidence. This might involve not accepting police closure reports at face value or revisiting earlier judicial decisions when new material facts come to light.
**Section 319's Flexibility**: It is a powerful tool that ensures all individuals who appear to be involved based on evidence presented during judicial proceedings are brought to justice. This provision supports the principle that legal proceedings must adapt to emerging evidence to uphold justice.
**Conclusion by speaker**: Section 319 CrPC is crucial for ensuring comprehensive justice. It allows courts to summon additional accused based on emerging evidence during a trial or inquiry, reflecting the dynamic nature of legal proceedings and the judiciary's role in adapting to new information.
Conclusion or addition from blogger perspective
The Allahabad High Court clarified that when a witness is recalled after another person has been added as an accused under Section 319 of the CrPC, the examination of that witness is limited to the newly added accused only
The Supreme Court has said a person can be summoned by the trial court under Section 319 of the Criminal Procedure Code only after recording prima facie satisfaction to proceed but the degree of satisfaction is much stricter.
Can a Trial Court Summon a New Accused Under Section 319 of the CrPC After the Trial Has Concluded? The Supreme Court held that a trial court may summon new accused persons in a trial, as stated by Section 319 only when proceedings are pending or ongoing.
During the investigation, if there is insufficient evidence against one or more named accused, then Police can remove their name(s) or would not include their names in charge sheet. Further, In case, the accused is in custody then he may be released under section 169 Cr.
The Supreme, recently, observed that once a written statement is filed by the accused under Section 313(5) of the Code of Criminal Procedure, 1973 and the Trial Court marks it as exhibit, such statement must be treated as part of the statement of the accused under Section 313(1) read with Section 313(4) Cr. P.C
A statement made by an accused person is admissible against others who are being jointly tried with him only if the statement amounts to a confession. Where the statement falls short of a confession, it is admissible only against its maker as an admission and not against those who are being jointly tried with him. A application made by accused under section 319 crpc without confessions has no evidentiary value
Section 319 CrPC is closely tied to the concept of double jeopardy, which forbids an accused person from being prosecuted more than once for the same offence. This view is in line with Article 20(2) of the Indian Constitution which prohibits the prosecution of a person for the same offence more than once.
On basis of Circumstantial evidence(CE) can 319 order be passed? CE is indirect evidence that does not, on its face, prove a fact in issue but gives rise to a logical inference that the fact exists. Circumstantial evidence requires drawing additional reasonable inferences in order to support the claim.
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This restructured format presents the discussion in a logical, coherent manner, emphasizing the legal framework, practical applications, and the notes are transcript of speaker's personal judicial experiences related to Section 319 CrPC
YouTube link: .https://www.youtube.com/live/U_lg7HJRxAk?si=UzUmTvUA35oKVKHL
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