Section 319 CrPC Power Has To Be Exercised Before Pronouncement Of Sentence In Case Of Conviction : Supreme Court Constitution Bench

A Constitution Bench of the Supreme Court on Monday pronounced the judgment answering the reference made on the ambit of powers under Section 319 of the Code of Criminal Procedure, which gives power to the trial court to summon additional accused.The following are the issues answered by the Constitution Bench comprising Justices Abdul Nazeer, B.R. A Constitution Bench of the Supreme Court on Monday pronounced the judgment answering the reference made on the ambit of powers under Section 319 of the Code of Criminal Procedure, which gives power to the trial court to summon additional accused. 885/2019 Citation : 2022 LiveLaw 1009 Code of Criminal Procedure 1973 - Section 319 - Supreme Court Constitution Bench issues elaborate guidelines on the exercise of powers to summon additional accused- para 33 Code of Criminal Procedure 1973 - Section 319-The power under Section 319 of CrPC is to be invoked and exercised before the pronouncement of the order of sentence where there is a judgment of conviction of the accused. Hence, the summoning order has to precede the conclusion of trial by imposition of sentence in the case of conviction- para 33 Code of Criminal Procedure 1973 - Section 319-The trial court has the power to summon additional accused when the trial is proceeded in respect of the absconding accused after securing his presence, subject to the evidence recorded in the split up trial pointing to the involvement of the accused sought to be summoned.