Courts Can't Use Power To Summon As Accused In "Casual" Manner: Supreme Court
NDTV
Court referred to the 2014 Constitution bench ruling in Hardeep Singh vs State of Punjab and others which dealt with applicability of CrPC Section 319
The Supreme Court has said that courts can exercise their power to proceed against persons not accused but appearing to have committed an offence only when there is "strong and cogent evidence" against such individuals and not in a "casual and cavalier manner".
Under Section 319 of Code of Criminal Procedure (CrPC), when during the course of inquiry or trial of offence, it appears from the evidence that any person, who has not been made an accused, has committed any offence; the court can proceed against such individual for the offence which he appears to have committed.
A bench of Justices K M Joseph and P S Narasimha while dealing with a criminal case said, "This is yet another case where summons issued purporting to invoke power under Section 319 of the CrPC has brought the newly summoned person to this court."
It said that the test as laid down by the Constitution bench of this court for invoking power under Section 319 CrPC inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence, the power under Section 319 CrPC should be exercised.
