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Law Point   17 September 2020

section 319 CRPC and it's scope

Respected,
Can the Court trying certain offence after application and on evidence set forth add accused and even other offences which were unearthed after the evidence produced before the court with application under Section 319 CRPC??


Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 September 2020

Hello,

During the course of any inquiry or trial, 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 and add as accused for the offence which he appears to have committed.

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Law Point   18 September 2020

@shirishpawar thanks for providing solution. My field of expertise is different and I am pretty much alien to criminal jurisprudence so I have so many doubts and the complexity of Section 319 makes it difficult to take over, as there is certain issue pending with constitutional bench in Kharak Singh Case. This platform is created for meeting of legal minds but on this platform I have came across people who beguile themselves as Snell, Salmond, Halsbury, Lord Macaulay, Justice Krishna Iyyer, RF Nariman, Soli Sorabjee, Nani Palkhiwala and on . Few people are so free that they have there critic opinion on query rather the critic must opine on atleast two reportable judgements are uploaded on Hon'ble Supreme Court and same average is with other High courts. But few are plundered in there obscenity of knowledge that they misinterpret the query forum as article and its endemic. hope the right person gets the right message from this.

Mastan   28 September 2020

lawpoint, certainly you can try with crpc 319 application when new facts unearthed during trail/enquiry in chief/cross examination of witnesses. And if you have additional material evidence then you can apply for even u/sec crpc 173(8) for further investigation. 

There is no harm in trying legal remedies available. 

exercising different and innovative grounds ONLY make way for new citations to pop up.....

 

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Law Point   29 September 2020

I am thankful to all the members who assisted with their knowledge and experience. I am new to criminal jurisprudence so I carry exemplary amount of doubts as I have slew knowledge about the criminal procedure. We are all here to help each other and grow together. Certainly we can have peace treaty now for assistance coordinated. 🙏
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Mastan   29 September 2020

I withdrawn my statements with apology omprakash sir. that msg had modified

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