Legal provisions regarding power to proceed against other persons appearing to be guilty of offence under section 319 of the Code of Criminal Procedure, 1973.
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
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(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under sub-section (1) then—
(a) The proceedings in respect of such person shall be commenced afresh, and the witnesses reheard;
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(b) Subject to the provision of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.
As per Section 319 of the Code, Court of Session has power to issue t process against accused not charge-sheeted under Section 193 after recording some evidence. The Court can exercise its power under Section 193 independent of Section 319.
The Court has discretion to summon additional accused but while exercising this power the Court has to arrive as satisfaction that there exists the possibility that accused so summoned in all likelihood would be convicted.
Such satisfaction can be arrived at upon completion of cross-examination of witnesses. It was also pointed out that no exception to the above can be taken far less at the instance of witness and when State was not aggrieved by the same.
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In Brindaban Das & Others v. State of West Bengal, it was observed that the fulcrum on which the invocation of Section 319, Cr. P.C. rests is whether the summoning of persons other than the named accused would make such a difference to the prosecution as would enable it not only to prove its case but to also secure the conviction of the persons summoned.
Section 319, Cr. P.C. contemplating a situation where the evidence advanced by the prosecution not only implicates a person other than the named accused but is sufficient for the purpose of convicting the person to whom summons is issued.