About Section 319 of the CrPC:
- It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet, appearing to be guilty of offence.
- Section 319 CrPC finds its roots in this powerful doctrine, “Judex damnatur cum nocens absolvitor”, which means the judge is condemned when the guilty is acquitted.
- It conveys the significant principle that a wrongdoer must not be spared from the hands of justice.
- Essentials of Section 319 CrPC:
- Additional Accused Persons: Section 319 empowers the court to summon and try other persons, in addition to those already named as accused in the case, if it appears that they have also committed the offence being tried.
- Evidence During Trial: The court can exercise this power either on its own or based on an application by the prosecution or the defense.
- Sufficient Evidence: The court must have sufficient evidence against the additional accused persons to justify summoning them for trial.
- Opportunity to be Heard: Before summoning any additional accused, the court should provide them with an opportunity to be heard.
- Joined in the Same Trial: The additional accused will be tried along with the original accused. There will be a separate trial if court finds it necessary.
- Protection of Rights: The rights and safeguards available to the original accused, also extend to the additional accused.
- Discretion of the Court: The decision to summon additional accused persons rests on the discretion of the court. However, the Supreme Court held that
- It should be employed sparingly and when the situation clearly calls for it.
- Only when there is clear and convincing evidence against a person in the evidence provided to the court should this power be used, and not arbitrarily or carelessly.
