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2014 (1) TMI 1819 - SC - Indian LawsScope and extent of the powers of the courts under the criminal justice system to arraign any person as an accused during the course of inquiry or trial as contemplated under Section 319 of the Code of Criminal Procedure, 1973 - power to proceed against any person after summoning him on the basis of any such material as brought forth before it - What is the stage at which power under Section 319 Cr.P.C. can be exercised? - Whether the word evidence used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word evidence is limited to the evidence recorded during trial? Held that - Section 319 Cr.P.C., significantly, uses two expressions that have to be taken note of i.e. (1) Inquiry (2) Trial. As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry. Inquiries under Sections 200, 201, 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr.P.C. Materials coming before the Court in course of such enquiries can be used for corroboration of the evidence recorded in the court after the trial commences, for the exercise of power under Section 319 Cr.P.C., and also to add an accused whose name has been shown in Column 2 of the chargesheet. In view of the above position the word 'evidence' in Section 319 Cr.P.C. has to be broadly understood and not literally i.e. as evidence brought during a trial. Whether the word evidence used in Section 319(1) Cr.P.C. could only mean evidence tested by cross-examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned? - Held that - Considering the fact that under Section 319 Cr.P.C. a person against whom material is disclosed is only summoned to face the trial and in such an event under Section 319(4) Cr.P.C. the proceeding against such person is to commence from the stage of taking of cognizance, the Court need not wait for the evidence against the accused proposed to be summoned to be tested by cross-examination. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319 (1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood be convicted? - Held that - Though under Section 319(4)(b) Cr.P.C. the accused subsequently impleaded is to be treated as if he had been an accused when the Court initially took cognizance of the offence, the degree of satisfaction that will be required for summoning a person under Section 319 Cr.P.C. would be the same as for framing a charge. The difference in the degree of satisfaction for summoning the original accused and a subsequent accused is on account of the fact that the trial may have already commenced against the original accused and it is in the course of such trial that materials are disclosed against the newly summoned accused. Fresh summoning of an accused will result in delay of the trial - therefore the degree of satisfaction for summoning the accused (original and subsequent) has to be different. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not chargesheeted or who have been discharged? - Held that - A person not named in the FIR or a person though named in the FIR but has not been chargesheeted or a person who has been discharged can be summoned under Section 319 Cr.P.C. provided from the evidence it appears that such person can be tried along with the accused already facing trial. However, in so far as an accused who has been discharged is concerned the requirement of Sections 300 and 398 Cr.P.C. has to be complied with before he can be summoned afresh.
Issues Involved:
1. Stage at which power under Section 319 Cr.P.C. can be exercised. 2. Meaning of "evidence" in Section 319(1) Cr.P.C. 3. Nature of satisfaction required for invoking the power under Section 319 Cr.P.C. 4. Applicability of power under Section 319 Cr.P.C. to persons not named in the FIR, named in the FIR but not chargesheeted, or who have been discharged. Detailed Analysis: 1. Stage at which power under Section 319 Cr.P.C. can be exercised: The power under Section 319 Cr.P.C. can be exercised at any time after the charge-sheet is filed and before the pronouncement of judgment, except during the pre-trial stage (Sections 207/208 Cr.P.C., committal, etc.). The court becomes functus officio only after the trial concludes. The term "course" in Section 319 Cr.P.C. covers the entire process from the initial stage of inquiry to the conclusion of the trial. The power is exercisable by the court (Court of Sessions or Court of Magistrate) and not by any officer not acting as a court. 2. Meaning of "evidence" in Section 319(1) Cr.P.C.: The word "evidence" in Section 319(1) Cr.P.C. is limited to the evidence recorded during the trial. It includes oral statements made by witnesses and documentary evidence produced before the court. Material collected during the investigation, such as statements recorded under Section 161 Cr.P.C., does not constitute evidence for the purpose of Section 319 Cr.P.C. The evidence must be such that it appears during the inquiry or trial and not merely from the charge-sheet or case diary. 3. Nature of satisfaction required for invoking the power under Section 319 Cr.P.C.: The degree of satisfaction required is stricter than the prima facie case standard used for framing charges. The court must be satisfied that there is strong and cogent evidence against the person to be summoned, indicating that their involvement in the offense is likely to lead to a conviction if the evidence goes unrebutted. The power should be exercised sparingly and only in cases where there is a high probability of conviction based on the evidence presented. 4. Applicability of power under Section 319 Cr.P.C. to persons not named in the FIR, named in the FIR but not chargesheeted, or who have been discharged: The power under Section 319 Cr.P.C. extends to: - Persons not named in the FIR. - Persons named in the FIR but not chargesheeted. - Persons who have been discharged, provided the requirements of Sections 300 and 398 Cr.P.C. are met. For persons discharged, the court must conduct an inquiry as contemplated by Sections 300(5) and 398 Cr.P.C. before summoning them afresh under Section 319 Cr.P.C. Conclusion: The judgment clarifies that the power under Section 319 Cr.P.C. can be exercised at any stage after the charge-sheet is filed and before the judgment is pronounced, based on evidence recorded during the trial. The degree of satisfaction required for summoning a person under Section 319 Cr.P.C. is higher than that for framing charges but less than that required for conviction. The power extends to persons not named in the FIR, named but not chargesheeted, and those discharged, subject to compliance with specific procedural requirements.
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