Summary:
New Delhi, Sep 18 (PTI) 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.
"The power cannot be exercised in a casual and cavalier manner.
The test to be applied, as laid down by this court, is one which is more than prima facie case which is applied at the time of framing of charges," the bench said in its September 13 order.
The top court referred to the 2014 constitution bench verdict in Hardeep Singh versus State of Punjab and others which dealt with the issue of applicability of Section 319 CrpC and said it will all depend upon the evidence which is tendered in a given case as to whether there is a strong ground to proceed against an individual, who has not been made accused.