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in a cc case 319 crpc detailed answer required interested only answer
10-Jun-2026 (In Criminal Law)
Whether the pending Section 319 CrPC petition order, can be rejected merely on the basis of the respondents' arguments and denials, in the absence of any rebuttal evidence, or will it be based on the basis of the evidence and materials available on record in the ongoing private complaint case... clarify with detailed answer... only interested answer this
in new section 358bnss this section give power to trial court summon additional person court will decide based on actual evidence and records already available in case the judge will review testimonies of wittiness
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Adv. Kajal
Sangrur | 5+ Answers
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Section 319 CrPC petition cannot be rejected merely on the basis of the respondents’ denials or arguments. The Court must assess the evidence and material already available on record and determine whether it discloses the involvement of the proposed accused. As held by the Supreme Court in Hardeep Singh v. State of Punjab, the decision under Section 319 is based on the evidence emerging during inquiry/trial, not merely on the defence or denials of the respondents.
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Adv. Pankaj Kumar
Mohali | 25+ Answers
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A pending application under Section 319 of the CrPC cannot be rejected merely on the basis of the respondents' arguments or simple denials; it must be decided judicially based on the substantial evidence and materials already available on record. Under Section 319 of the Code of Criminal Procedure (and the corresponding Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court possesses discretionary, extraordinary power to summon any person not currently named as an accused to stand trial. However, this power must be exercised judicially and cautiously.
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Adv. Prabhjot Kaur
Mohali | 5+ Answers
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