CrPC Section 319
Section 319 of the Code of Criminal Procedure (CrPC), 1973 (India):
Section 319 CrPC – Power of Magistrate to proceed against other persons appearing to be guilty of offence
Text (Simplified):
If, during the trial of a person, the Magistrate finds that any other person not initially charged appears to be guilty of an offence, the Magistrate may:
Summon that person to appear and
Proceed against them in the same trial or take separate proceedings.
The Magistrate shall record reasons for doing so.
✅ Key Points:
Applies during the trial of an accused.
When the Magistrate discovers that another person, who was not originally charged, appears guilty of an offence related to the case.
The Magistrate can order the appearance and trial of that additional person.
This avoids the need for a separate fresh complaint or police report.
Ensures comprehensive justice by bringing all involved parties before the court.
🧑⚖️ Purpose:
To enable the Magistrate to include additional offenders discovered during trial.
To prevent multiplicity of proceedings.
Ensures that the case covers all relevant accused for fair adjudication.
⚖️ Important Notes:
The Magistrate must record reasons in writing before summoning the new accused.
The new person has the same rights as the originally accused.
This power is subject to the jurisdiction and nature of offence.
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