While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court
3 weeks, 5 days ago

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that the summoning of an additional accused under Section 319 Cr.P.C. The Court said that due credence must be also given to the prosecution witness cross-examination, if exists, before the filing of the application under Section 319 Cr.P.C. The appellant pleaded that since both the examination in chief, as well as the cross-examination of the witnesses, were available on record when the application for summoning an additional accused was filed under Section 319 Cr.P.C., therefore it would be improper to decide the application without taking note of the witness's cross-examination. Applying the law to the facts of the present case, the Court found that the prosecution witnesses cross-examination statements altogether contradict their examination in chief, thereby making no room to justify the existence of a prima facie case requiring the trial court to exercise power under Section 319 Cr.P.C.

Supreme Court Court Witnesses Prosecution Application Case Examination Chief Crpc 319 Section 319 Section 319 Cr Consider  examination  consider  application  witnesses  chief  319  deciding  court  case  crossexamination  supreme  prosecution  s319  crpc

History of this topic

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court
3 weeks, 5 days ago

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that the summoning of an additional accused under Section 319 Cr.P.C. The Court said that due credence must be also given to the prosecution witness cross-examination, if exists, before the filing of the application under Section 319 Cr.P.C. The appellant pleaded that since both the examination in chief, as well as the …

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court
2 months ago

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court

Live Law  

The Supreme Court has ruled that the trial court can decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness. The court observed that it is not mandatory for the trial court to decide Section 319 Cr.P.C. application after the completion of the prosecution witness's examination in chief …

Witness Who Made Self-Incriminating Statements Can Be Summoned As Additional Accused Based On Other Materials: Supreme Court
3 months, 1 week ago

Witness Who Made Self-Incriminating Statements Can Be Summoned As Additional Accused Based On Other Materials: Supreme Court

Live Law  

The Supreme Court held that a witness who gives an incriminating statement cannot take a shield under proviso of Section 132 of the Evidence Act to claim immunity from prosecution if there exists other substantial evidence or material against him proving his prima facie involvement in the crime.The Court stated : "We hold that the qualified privilege under the proviso …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
4 months, 1 week ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
7 months, 2 weeks ago

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court

Live Law  

The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. states that “where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
11 months ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case
11 months, 1 week ago

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case

Live Law  

The Supreme Court recently upheld an application under Section 319 of the Code of Criminal Procedure, 1973 filed against the police officials accused of corruption. While doing so, the Top Court affirmed the Trial Court as well as the impugned order of the Punjab and Haryana High Court, summoning the police officials. The Division Bench of Justices Vikram Nath and …

Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court
1 year, 3 months ago

Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court

Live Law  

The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court …

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
1 year, 4 months ago

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

Live Law  

The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. The Supreme Court observed that the merits of the evidence has to be appreciated only …

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
1 year, 9 months ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
1 year, 10 months ago

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
1 year, 11 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Section 319 CrPC : 12 Guidelines Issued By Supreme Court's Constitution Bench To Summon Additional Accused During Trial
2 years ago

Section 319 CrPC : 12 Guidelines Issued By Supreme Court's Constitution Bench To Summon Additional Accused During Trial

Live Law  

A Constitution Bench of the Supreme Court issued elaborate guidelines today regarding the excercise of powers under Section 319 of the Code of Criminal Procedure for summoning additional accused during trial. If the decision of the court is to exercise the power under Section 319 of CrPC and summon the accused, such summoning order shall be passed before proceeding further …

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15
2 years, 2 months ago

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, decided to commence with the hearing of the plea which raises the broad issue, whether Section 319 of the Code of Criminal Procedure, 1973 can be invoked after judgment is reserved, on 15th November, 2022. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna, Senior Advocate, Mr. Paramjit Singh Patwalia representing the …

S.319 CrPC | Only Material Collected By Court During Inquiry Or Trial Can Be Used To Arraign An Additional Accused: J&K&L High Court
2 years, 3 months ago

S.319 CrPC | Only Material Collected By Court During Inquiry Or Trial Can Be Used To Arraign An Additional Accused: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court today ruled that only the material collected by the court during the course of inquiry or trial and not the material collected by the investigating agency during the investigation of the case which can be used, while arraigning an additional accused under Section 319 CrPC. Adjudicating upon the matter the bench noted …

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court
2 years, 8 months ago

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a court can summon a person under Section 319 of the Code Of Criminal Procedure, 1973, only on the basis of examination-in-chief of witness and the Court need not wait for the evidence of such witness to be tested by cross-examination.Here it may be noted that as per Section 319 of CrPC, in …

Try To Complete Cross-Examination Of Witness On Same Day : Supreme Court
2 years, 8 months ago

Try To Complete Cross-Examination Of Witness On Same Day : Supreme Court

Live Law  

The Supreme Court has observed that once the witness is in the witness box and is being cross examined, every endeavour must be made to ensure that the cross examination is completed on that day. The bench of Justices SK Kaul and MM Sundresh rendered this observation while considering a SLP assailing Allahabad High Court's order dated March 19, 2021. …

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates
2 years, 9 months ago

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates

Live Law  

The Uttarakhand High Court has reiterated that a more than prima facie case is needed to be presented to summon a person under Section 319 of the Code of Criminal Procedure. While dismissing a revision against the trial Court order of such summon, a Single Judge Bench of Justice Narayan Singh Dhanik observed, "Therefore, it is amply clear that in …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
2 years, 9 months ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court
2 years, 9 months ago

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court

Live Law  

On Friday, the Supreme Court held that even for protected witnesses declared so under Section 173 of the Code of Criminal Procedure, 1973 read with Section 44 of the Unlawful Activities Act, 1967, the accused can exercise their right under Sections 207 and 161 of the Cr.P.C to obtain copies of their redacted statements which would ensure that the identity …

Section 319 CrPC: Summoning Power Should Be Exercised Only When Strong And Cogent Evidence Occurs Against A Person: Supreme Court
3 years, 3 months ago

Section 319 CrPC: Summoning Power Should Be Exercised Only When Strong And Cogent Evidence Occurs Against A Person: Supreme Court

Live Law  

The Supreme Court observed that the power under Section 319 of the Criminal Procedure Code should be exercised only when strong and cogent evidence occurs against a person from the evidence.The bench of Justices KM Joseph and PS Narasimha reiterated that the power under Section 319 CrPC cannot be exercised in a casual and cavalier manner. The Supreme Court observed …

Court's Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court
3 years, 5 months ago

Court's Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court

Live Law  

Observing that the Court's powers to summon any person under section 311 of the CrPC cannot be used to tie loose ends in the prosecuting agency's case, the Bombay High Court has set aside a trial judge's order recalling a material witness for examination at the fag end of the trial. "No doubt, under Section 311 CrPC, any Court may, …

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court
3 years, 9 months ago

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court

Live Law  

An accused can be summoned under Section 319 of the Code of Criminal Procedure on the basis of even examination ­in ­chief of the witness and the Court need not wait till his cross­ examination, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the …

Understanding The Complexity Of Section 319 Of CrPC
4 years, 5 months ago

Understanding The Complexity Of Section 319 Of CrPC

Live Law  

Time and again, there have been controversies and debates over Section 319 of the Criminal Procedure Code, 1973 regarding the stages at which it is to be used, the weight of evidences or the category of persons against whom it may be used. Section 319 of CrPC and its objective The section reads as; "Power to proceed against other persons …

Discover Related