Adding Additional Accused: To Invoke Section 319 CrPC Stronger Evidence Than Mere Probability Of Complicity Of A Person Required: SC [Read Judgment]

The Supreme court has reiterated that to add a person as additional accused under Section 319 of the Code of Criminal Procedure, stronger evidence is required than mere probability of complicity of that person. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari, while setting aside an order of High Court of Punjab and Haryana, observed that Courts, while invoking Section 319 CrPC, should not proceed as if an infallible case is required to be shown by the prosecution in order to proceed against the proposed accused persons. Setting aside the orders of Trial court and the High court, in this case, the bench said: "We are of the view that the consideration of the application under Section 319 CrPC in the orders impugned had been as if the existence of a case beyond reasonable doubt was being examined against the proposed accused persons. In other words, the Trial Court and the High Court have proceeded as if an infallible case was required to be shown by the prosecution in order to proceed against the proposed accused persons.