Understanding The Complexity Of Section 319 Of CrPC

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 appearing to be guilty of offence 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 any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. Who can use section 319 of Cr.P.C Court in Hardeep Singh case held; "It is at this stage the comparison of the words used under Section 319 Cr.P.C. The said expression clearly covers any person who has not been tried already by the Court and the very purpose of enacting such a provision like Section 319 Cr.P.C. If by examination in Chief, some material evidences surfaced against any person who is not tried, then court is competent under section 319 CrPC to summon such person and to try him jointly.