Power Of Court Under Section 319 crpc | Guilty Of Offence | The National TV
- by Shashank-Pant
- May 16, 2020 14:27
This section talks about power to proceed against other person appearing to be guilty of offence
1- In the case of any inquiry, trial of an offence.
Only during trial or inquiry but not during the investigation. It appears to the court that some other person not being the accused has something to do with the case and the court who is trying the case has got evidence against him court shall try such person with the accused.
2- It appears from the evidence.
It appears from the substantive evidence that the person is involved in the case he shall be tried with such a person.
3- Any person not being accused.
4- The court may proceed against such person.
Here court means either court of session or court of judicial magistrate
This court can either issue summon pr warrant against such person as the case may be
The person against whom evidence is found he shall not be the accused he shall be
b-person who has been discharged by the court
c-police has released such person under section 169 of the code of criminal procedure
d-person against whom proceedings are quashed by a magistrate under section 203 of the same code
Rule of discretion
This section has a rule of discretion given to the court of judicial magistrate pr a court of session and it must not be arbitrary
Harbhajan Singh v. State of Punjab 2009
Supreme court held that even if the charge sheet has not been filed but there is substantive evidence against such person
The court can try such person under section 319 of the same code.
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