Latest News
Back
Person Added As Accused U/S 319 Crpc Can Be Tried Only For An Offence In Respect Of Which All The Accused Could Be Tried Together:
The Two-Judge Bench of the Supreme Court in the instant case got an opportunity to expound the law as enumerated under Section 319 of CrPC and noted that a person can be added as an accused not only for the same offence for which the accused is tried but for “any offence”; but that offence shall be such that in respect of which all the accused could be tried together. Further, although the court has powers under section 319 to detain a person, the court instead can direct the police to investigate the matter and then place on record the result of their investigation. Therefore court has powers to clarify whether section 319 has to be used or not. Also it may be clarified that the word detention does not mean to bring the newly added persons before the court. Instead it means that a person is jailed.
The Supreme Court just recently on March 15, 2019 in Sugreev Kumar v. State of Punjab & Ors in Criminal Appeal No. 509 of 2019 of SLP (Cri.) No. 9687 of 2018 has unequivocally 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. This notable and commendable judgment authored by Justice Dinesh Maheshwari for himself and Justice Abhay Manohar Sapre while setting aside an order of the Punjab and Haryana High Court unambiguously observed that while invoking Section 319 CrPC.
