how can a court allow to add a new accused to a case if evidence suggests they committed the crime ?

Under the Criminal Procedure Code (CrPC) of India, a court can allow the addition of a new accused to a case if evidence or material gathered during the investigation or trial suggests that the person is involved in the crime. The relevant provisions and principles are as follows:

1. Section 319 of CrPC: Power to Proceed Against Other Persons Appearing to be Guilty

• When Applicable: If, during the course of an inquiry or trial, the court finds from the evidence (oral or documentary) that a person, other than the accused already facing trial, appears to have committed the offense, the court may summon such a person as an accused.
• Key Aspects:
  • The power under Section 319 is discretionary and must be exercised cautiously.
  • The court must be satisfied that the evidence against the proposed accused is strong enough to establish a prima facie case.
  • The person can be added as an accused even if they were not named in the original FIR or charge sheet.
• Process:
  • The court may summon the new accused, and after appearing before the court, they may be required to face the trial alongside the existing accused.
  • The court may direct further investigation if necessary.

2. During Investigation (Sections 173 and 190 of CrPC):

• Police Powers (Section 173):
  • The Investigating Officer (IO) can identify and implicate new accused during the investigation and include their names in the supplementary charge sheet.
• Court Powers (Section 190):
  • When the police submit the charge sheet, the Magistrate can take cognizance of the offense under Section 190 and decide to issue summons or warrants against additional accused based on the material provided.

3. Supreme Court Guidelines on Adding New Accused (Section 319):

• In Hardeep Singh v. State of Punjab (2014), the Supreme Court clarified:
  • The power under Section 319 can be exercised only if the evidence is compelling and suggests clear involvement.
  • The standard of evidence required for summoning an additional accused is higher than prima facie but lower than beyond reasonable doubt.
  • The court cannot exercise this power arbitrarily; it must record reasons for its satisfaction.

4. Judicial Discretion and Procedural Safeguards:

• Before summoning the new accused, the court must:
  • Evaluate whether the evidence meets the standard required under Section 319.
  • Ensure that procedural safeguards (e.g., notice to the accused, right to be heard) are provided.
  • Consider whether summoning the new accused will delay the trial unreasonably or prejudice the existing accused.

In summary, the court has the power to add a new accused to a case if evidence suggests their involvement, either during the investigation or trial, under Sections 319, 190, and 173 of the CrPC. However, this power must be exercised judiciously, with careful consideration of the evidence and procedural fairness.

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