Shiv Baran vs State Of U.P. 2025 INSC 860 - S.319 CrPC - Principles To Be Followed By Trial Courts

Code of Criminal Procedure 1973 - Section 319 - The following statutory requisites for summoning any person not being the accused: (a) such person has committed an offence; (b) his complicity is revealed from the evidence collected during inquiry or trial; and (c) for such offence, he can be tried together with the accused already facing trial- The principles that the Trial Court ought to follow while exercising power under this Section are : (a) This provision is a facet of that area of law which gives protection to victims and society at large, ensuring that the perpetrators of crime should not escape the force of law; (b) It is the duty cast upon the Court not to let the guilty get away unpunished; (c) The Trial Court has broad but not unbridled power as this power can be exercised only on the basis of evidence adduced before it and not any other material collected during investigation; (d) The Trial Court is not powerless to summon a person who is not named in the FIR or Chargesheet; they can be impleaded if the evidence adduced inculpates him; (e) This power is not to be exercised in a regular or cavalier manner, but only when strong or cogent evidence is available than the mere probability of complicity; (f) The degree of satisfaction required is much stricter than the prima facie case, which is needed at the time of framing of charge(s); (g) The Court should not conduct a mini-trial at this stage as the expression used is 'such person could be tried’ and not ‘should be tried’- The power under Section 319 CrPC must be exercised sparingly. However, where the evidence reveals the complicity of the prospective accused, it becomes obligatory for the authority to exercise the power provided under the said Section. (Para 14,15,25)

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