Powers U/S 319 Cr.P.C Should be used in Cautiously - SC

The Supreme Court emphasised that the power granted to courts by Section 319 of the Criminal Procedure Code is a discretionary and extraordinary power that ought to be used cautiously.

The panel of Justices Ajay Rastogi and CT Ravikumar stated that the important standard that must be used is one that is more than a prima facie case as exercised at the time of charge-framing, but short of satisfaction to the extent that the evidence, if goes unrebutted, will lead to conviction.

In this instance, the trial judge denied the complainant's request to summon a person to testify in a rape case under Section 319 of the Criminal Procedure Code. The complainant said that although she had listed the aforementioned person as an accused in her initial version, the police had not issued a complaint against them since they were working along with the prosecutor. Later, this ruling was overturned by the High Court of Punjab and Haryana, who also approved the application.

Naveen vs State of Haryana