Exercise Caution in Using Power to Act Against Suspected Offenders, Says Supreme Court

The Supreme Court has advised lower courts to exercise utmost caution while invoking powers under Section 319 of the Criminal Procedure Code (CrPC) to proceed against individuals believed to be guilty in a case. The bench emphasized that such powers should be used sparingly and only when compelling evidence emerges during the trial.

 

The remarks came during the hearing of a case linked to Section 319, which allows a court to summon additional persons as accused if evidence during the proceedings suggests their involvement in an offense. The apex court underscored that trial courts must carefully assess the credibility and weight of the evidence before taking such action, as the decision could have serious legal and reputational consequences for the individuals concerned.

 

In the case at hand, the Allahabad High Court had earlier upheld an order summoning two individuals under Section 319, based on the trial court’s findings. However, the Supreme Court set aside the High Court’s ruling and directed both parties to present their case before the trial court afresh.

 

The judgment stems from a 2017 incident in which the complainant sought to summon additional accused based on witness statements recorded during trial proceedings. The Supreme Court observed that while Section 319 is a powerful provision to ensure justice, its misuse or hasty application could result in unfair prosecution.