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Articles for Section 319 Cr

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 …

Supreme Court Court Witnesses Prosecution Application Case Examination
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 …

Supreme Court Court Witnesses Prosecution Application Case Examination
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 …

Evidence Court Witness Prosecution Statement Statements Accused
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 …

Supreme Court High Court Trial Evidence Court Criminal Procedure Trial Court
Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)
11 months, 2 weeks ago

Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)

Live Law  

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Curtailment of 15 days of police custody by any extraneous circumstances, act of God, an order of Court not being the handy work of investigating agency would not act as a restriction. 2023 LiveLaw 396 Section 156 - Police officer's power to investigate cognizable case Code of Criminal Procedure …

Supreme Court High Court Constitution Procedure Criminal Police Custody Criminal Procedure
Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP
1 year, 1 month ago

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Live Law  

Observing that, "Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.Justice Deepak Gupta observed, "It is very surprising that despite …

Investigation Court Order Case State Petitioner Prima Facie Case
Supreme Court Weekly Round-Up(July 24-30)
1 year, 4 months ago

Supreme Court Weekly Round-Up(July 24-30)

Live Law  

Judgments “Such gross indiscipline on the part of the appellant who was a member of the Armed Forces could not be countenanced. The Supreme Court bench comprising Justices BV Nagarathna and Justice Ujjal Bhuyan was hearing an appeal against the order of NCDRC which had denied the claims of appellant for reimbursement of medical expenses. Supreme Court Dismisses West Bengal …

India Rajasthan Justice Tamil Nadu Kerala Supreme Court High 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 …

Supreme Court Trial Evidence Court Accused Ipc High
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 …

Supreme Court Trial Evidence Court Criminal Procedure Power Accused
S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
1 year, 10 months ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

Court Prosecution Charge Application Accused Ipc Complaint
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 …

Trial Court Power Accused Singh Bench Crpc
Murder Accused Summoned U/S 319 CrPC In 'Cursory Manner' Based On Prosecution Witnesses' Statements: Allahabad HC Grants Bail
2 years, 4 months ago

Murder Accused Summoned U/S 319 CrPC In 'Cursory Manner' Based On Prosecution Witnesses' Statements: Allahabad HC Grants Bail

Live Law  

The Allahabad High Court last week granted bail to a murder accused who was summoned in a 'cursory manner' under section 319 of CrPC by the trial court based on the statements of the prosecution witnesses. Court's observations At the outset, in order to understand the true spirit of Section 319 CrPC, the Court relied upon the Apex Court's rulings …

Trial Court Bail Witnesses Applicant Case Singh
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 …

Evidence Court Witness Case Accused Person Crpc
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 …

High Court Trial Case Accused Cctv Singh Fir
Money Laundering Case- Former Punjab MLA And Congress Leader Sukhpal Khaira Granted Bail By P&H High Court
2 years, 10 months ago

Money Laundering Case- Former Punjab MLA And Congress Leader Sukhpal Khaira Granted Bail By P&H High Court

Live Law  

The Punjab and Haryana High Court on Thursday granted bail to former Punjab MLA and Congress leader, Sukhpal Singh Khaira in connection with a money laundering case, registered against him in January 2021 on account of his alleged involvement in the smuggling of heroin, gold, and, illegal weapons. "Any prima facie conclusion cannot be become formed, qua the inculpation of …

Court Bail High Punjab Fir This Stage Offence
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 …

Supreme Court Evidence Power Case Bench Person Strong
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 …

Supreme Court Trial Evidence Power Case Accused Punjab