{"id":21312,"date":"2024-03-07T06:33:00","date_gmt":"2024-03-07T01:03:00","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=21312"},"modified":"2025-04-06T11:18:27","modified_gmt":"2025-04-06T05:48:27","slug":"section-319-of-code-of-criminal-procedure-crpc","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/section-319-of-code-of-criminal-procedure-crpc\/","title":{"rendered":"What is Section 319 of the Code of Criminal Procedure (CrPC)?"},"content":{"rendered":"<h2>About Section 319 of the CrPC<\/h2>\n<ul>\n<li>This Section confers\u00a0power on the Court to proceed against persons,\u00a0other than those named as\u00a0accused in the chargesheet, appearing to be guilty of offence.<\/li>\n<li>Section 319 CrPC finds its roots in this powerful\u00a0doctrine, \u201cJudex damnatur cum nocens absolvitor\u201d, which\u00a0means the judge is condemned when the guilty is acquitted.<\/li>\n<li>It conveys the significant principle that a wrongdoer must not be spared from the hands of justice.\u00a0<\/li>\n<\/ul>\n<h2>Essentials of Section 319 CrPC<\/h2>\n<ul>\n<li>Additional Accused Persons: Section 319\u00a0empowers the court to\u00a0summon and try other persons,\u00a0in addition to those already named as\u00a0accused in the case, if it\u00a0appears that they have also committed the offence being tried.<\/li>\n<li>Evidence During Trial:\u00a0The court can exercise this power either on its own or\u00a0based on\u00a0an application by the prosecution or the defense. This means that if during the trial, the court becomes aware of the involvement of other individuals, it can summon them for trial.<\/li>\n<li>Sufficient Evidence: The\u00a0court must have sufficient evidence against the additional accused persons\u00a0to justify summoning\u00a0them for trial. The provision\u00a0doesn&#8217;t allow the court to act solely on suspicion; there must be some prima facie evidence connecting them to the offense.<\/li>\n<li>Opportunity to be Heard:\u00a0Before summoning any additional accused, the court\u00a0should provide them with an opportunity to be heard. This ensures that they can present their side of the story and contest the decision to add them as accused.<\/li>\n<li>Joined in the Same Trial: Once the additional accused are summoned and brought before the court, they will be\u00a0tried along with the original accused in the same trial.<\/li>\n<li>Separate Trial if Necessary: In case the court finds that the evidence against the additional accused requires a separate trial, it may direct such a separate trial.<\/li>\n<li>Protection of Rights: The\u00a0rights and safeguards\u00a0available to the original accused, including the right to a fair trial and legal representation,\u00a0also extend to the additional accused.<\/li>\n<li>Discretion of the Court:\u00a0The decision to summon additional accused persons\u00a0rests on the discretion of the court. The court will consider factors such as the nature of the offense, the evidence available, and the interests of justice before making a decision. However, the\u00a0Supreme Court held that<\/li>\n<li>It\u00a0should be employed sparingly and when the situation clearly calls for it.<\/li>\n<li>Only when there is clear and\u00a0convincing evidence against a person in the evidence provided to the court should this power be used,\u00a0and not arbitrarily or carelessly.<\/li>\n<\/ul>\n<hr \/>\n<h3>Q1) What is the Code of Criminal Procedure (CrPC)?<\/h3>\n<p>Enacted in 1973 (came into force on 1 April 1974), CrPC is the main legislation on procedure for administration of substantive criminal law in India.It provides a procedure for the investigation of crime, the collection of evidence, and the determination of guilt or innocence. The CrPC also covers the arrest and detention of suspects, the conduct of trials, and the sentencing of convicted individuals.\u00a0<\/p>\n<p><strong>Source:<\/strong> <a href=\"https:\/\/lawtrend.in\/while-allowing-an-application-under-section-319-of-the-crpc-the-test-to-be-applied-is-more-than-just-a-prima-facie-case-sc\/\" target=\"_blank\" rel=\"nofollow noopener\"><u>While Allowing an Application Under Section 319 of the CrPC, the Test to Be Applied is More Than Just a Prima Facie Case: SC<\/u><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Section 319 of the CrPC confers power on the Court to proceed against persons, other than those named as accused in the chargesheet, appearing to be guilty of offence.<\/p>\n","protected":false},"author":5,"featured_media":21313,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":{"0":"post-21312","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-upsc-prelims-current-affairs","8":"no-featured-image-padding"},"acf":[],"_links":{"self":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/21312","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/comments?post=21312"}],"version-history":[{"count":0,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/21312\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media\/21313"}],"wp:attachment":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media?parent=21312"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/categories?post=21312"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/tags?post=21312"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}