Supreme Court Highlights Caution in Applying Section 319

The Supreme Court emphasized that the power under Section 319 of CrPC should be exercised with utmost caution to prevent harassment. The judgment came from a case involving the implementation of Section 319 in a 2017 murder case, highlighting the need for cogent material before summoning persons not initially accused.

The Supreme Court has underscored the need for prudence while exercising the authority under Section 319 of the erstwhile Criminal Procedure Code (CrPC). The directive came amidst a case revolving around this section, which allows courts to implicate individuals not originally named in charges.

In a ruling aiming to prevent the misuse of this legal provision, Justices Sanjay Karol and Joymalya Bagchi emphasized the necessity for substantial evidence before proceeding against a person. The directive followed an appeal concerning the Allahabad High Court's decision to quash summonings in a 2017 murder case.

The bench clarified that despite Section 319 allowing the pursuit of justice, it must not be wielded as a tool for harassment. The court has ordered a restoration of the trial court's summoning in this case, ensuring completion within 18 months.

(With inputs from agencies.)