HARDEEP SINGH versus STATE OF PUNJAB & ORS.

HARDEEP SINGH versus STATE OF PUNJAB & ORS.

The Supreme Court held that a court's power under Section 319 Cr.P.C. to summon persons as accused can be exercised at any time after the filing of the chargesheet and before pronouncement of judgment, during inquiry or trial. Material considered for summoning includes evidence before the court, such as statements in examination-in-chief, and does not require cross-examination. Persons not named in FIR or chargesheet, or who have been discharged, may be summoned under Section 319 Cr.P.C., subject to compliance with relevant provisions of Cr.P.C. The degree of satisfaction required for summoning is higher than for framing a charge but short of proof for conviction.

Parties
Appellant: Hardeep Singh; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
10 January 2014
Procedural Posture
Criminal Appeal / Constitution Bench Reference Answering Legal Questions
Outcome
Reference answered; legal questions resolved and case remanded.
Legal Topics
Power Under Section 319 Cr.p.c., Trial and Inquiry Under Cr.p.c., Evidence for Summoning Accused, Original Jurisdiction of Sessions Court, Discharged Accused and Summoning, Interpretation of Statutes
Criminal Law Procedure Power Under Section 319 Cr.p.c. Trial and Inquiry Under Cr.p.c. Evidence for Summoning Accused Original Jurisdiction of Sessions Court Discharged Accused and Summoning Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Hardeep Singh

Appellant

State of Punjab & Ors.

Respondents

Procedural Posture

Criminal Appeal / Constitution Bench Reference Answering Legal Questions

Legal Issues

  1. 1 Stage at which power under Section 319 Cr.P.C. can be exercised
  2. 2 Meaning of 'evidence' in Section 319 Cr.P.C.
  3. 3 Whether cross-examination is required before exercising power under Section 319 Cr.P.C.

Ratio Decidendi

The Supreme Court held that a court's power under Section 319 Cr.P.C. to summon persons as accused can be exercised at any time after the filing of the chargesheet and before pronouncement of judgment, during inquiry or trial. Material considered for summoning includes evidence before the court, such as statements in examination-in-chief, and does not require cross-examination. Persons not named in FIR or chargesheet, or who have been discharged, may be summoned under Section 319 Cr.P.C., subject to compliance with relevant provisions of Cr.P.C. The degree of satisfaction required for summoning is higher than for framing a charge but short of proof for conviction.

Court Disposition

Reference answered; legal questions resolved and case remanded.

Orders

  • The matters are to be placed before the appropriate Bench for final disposal in accordance with law explained hereinabove.