SUPREME COURT: STRONGER EVIDENCE NEEDED TO SUMMON PERSON AS ADDITIONAL ACCUSED DURING TRIAL | SECTION 319 CRPC

The Supreme Court in the case Shankar Versus the State Of Uttar Pradesh And Ors. observed and has held that to summon a person as an additional accused while invoking powers as stated under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter.

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The court in the case stated that the evidence should be such that it should lead to the conviction of the accused if it is unrebutted.

It has been stated under section 319(1) of the Code of Criminal Procedure, CrPC 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 any offence for which such person could be tried together with the accused, thus, the said court may proceed against such person for the offence which he appears to have committed.

The court also referred to the constitution bench dictum in the case Hardeep Singh v. State of Punjab, wherein the court observed that the extra-ordinary jurisdiction under Section 319 of the Code of Criminal Procedure, Cr.P.C. could only be invoked when the evidence to summon the accused is stronger and more reliable than the mere probability of his involvement in the crime.