Section 319 of CrPC

Section 319 of CrPC

News: Recently, this section has been in the news due to a Supreme Court verdict. The bench of KM Joseph and PS Narsimha reiterated the test for invoking the power under Section 319 CrPC.

Background:
• They held that this power should only be exercised when strong and cogent evidence occurs against a person from the evidence.
• The court emphasized that this power cannot be exercised in a casual and cavalier manner. This verdict has sparked discussions about the balance between protecting the accused and ensuring justice.

About:
• Section 319 of the Code of Criminal Procedure (CrPC) in India is a legal provision that allows the court to proceed against any person, not initially accused, but appears from the evidence during the trial or inquiry to have committed the same offence.
• This section ensures justice by taking cognizance of the newly added accused in the same case.
• Section 319 CrPC finds its roots in this powerful doctrine, “Judex damnatur cum nocens absolvitor”, which means the judge is condemned when the guilty is acquitted.
• It conveys the significant principle that a wrongdoer must not be spared from the hands of justice.