Supreme Court Empowers Trial Courts to Summon Accused

Why in the news?

The Supreme Court reaffirmed trial courts’ authority to summon individuals as accused under Section 319 of CrPC, even after police closure reports, highlighting courts’ independence in assessing evidence during criminal trials.

Supreme Court Empowers Trial Courts to Summon Accused

Supreme Court Ruling Highlights:

  • The Supreme Court ruled that a clean chit or closure report filed by the police does not restrict a trial court’s authority to summon individuals as accused.
  • Under Section 319 of the Code of Criminal Procedure (CrPC), trial courts can summon individuals based on evidence presented during the trial, even if they were excluded during the investigation.
  • This power is independent of police findings and depends solely on trial evidence, not the FIR or charge sheet.

Case Example and Implications

  • The ruling upheld Gwalior trial court and Madhya Pradesh High Court orders summoning two individuals in a 2018 murder case, despite their exclusion from the charge sheet.
  • Trial courts can act on credible evidence surfacing during proceedings, reinforcing their role in ensuring justice.
  • The judgment underscores that courts are not bound by investigative conclusions and can independently summon individuals if new evidence implicates them.

Legal Framework:

  • Section 319 allows courts to summon individuals dropped from investigations or not initially named but implicated during trial evidence.
  • This provision will continue under Section 358 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), effective July 1, 2024.
  • The court emphasized that materials in charge sheets or case diaries do not qualify as evidence for invoking Section 319.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times