Supreme Court says, No relief of Discharge for Accused summoned by Criminal Courts U/s 319 CrPC

August,4,2015: Section 319 CrPC gives power to a Criminal Court to summon additional persons as accused, other than persons already facing trial. The statute provide that in the course of any inquiry or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such additional person could be tried together with the accused.

The Bench comprising of Justices S.A. Bobde and R.K. Agrawal of Supreme Court of India has held that the accused who has been added under Section 319 of the Cr.P.C cannot avail of the remedy of discharge under Section 227 of the Code of Criminal Procedure.

Bench held that the proceedings initiated on the basis of a stricter standard of proof (under S.319)  can be allowed to be discharged from the proceedings on the basis of a lesser standard of proof (under S.227).

SC said that there is a material difference between the two provisions. “An accused since inception is not necessarily heard before he is added as an accused. However, a person who is added as an accused under Section 319 of the Cr.P.C., is necessarily heard before being so added. Often he gets a further hearing if he challenges the summoning order before the High Court and further. It seems incongruous and indeed anomalous if the two sections are construed to mean that a person who is added as an accused by the court after considering the evidence against him can avail remedy of discharge on the ground that there is no sufficient material against him.”

While referring to the Constitution Bench decision in Hardeep Singh v. State of Punjab and Others[(2014) 3 SCC 92] wherein it was that the standard of proof employed for summoning a person as an accused under Section 319 of the Cr.P.C., is higher than the standard of proof employed for framing a charge against an accused, the Apex Court said that it does not stand to reason that a person who is summoned as an accused to stand trial and added as such to the proceedings on the basis of a stricter standard of proof can be allowed to be discharged from the proceedings on the basis of a lesser standard of proof such as a prima facie connection with the offence necessary for charging the accused.

Court however added that the accused summoned under Section 319 of the Cr.P.C., are entitled to invoke remedy under law against an illegal or improper exercise of the power under Section 319 CrPC, but cannot have the effect of the order undone by seeking a discharge under Section 227 of the Cr.P.C.

If allowed to, such an action of discharge would not be in accordance with the purpose of the Cr.P.C in enacting Section 319 which empowers the Court to summon a person for being tried along with the other accused where it appears from the evidence that he has committed an offence, The Court said that its finding as above would not result in any undue hardships to the accused since the remedy before a superior court would be available.

Read Full Text of Supreme Court Judgment here-

Accused Summoned during Trial can not be discharged