UPSC Exam > UPSC Questions > Consider the following statements with refere...
Start Learning for Free
Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):
1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.
2. The court can exercise power under this Section on its own.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Consider the following statements with reference to Section 319 of the...
The Supreme Court of India recently rendered a landmark judgment clarifying the exercise of discretionary powers under Section 319 of the Code of Criminal Procedure (CrPC).
About Section 319 of the CrPC:
- This Section confers power on the Court to proceed against persons, other than those named as accused in the chargesheet, appearing to be guilty of offence.
- Section 319 CrPC finds its roots in this powerful doctrine, “Judex damnatur cum nocens absolvitor”, which means the judge is condemned when the guilty is acquitted.
- It conveys the significant principle that a wrongdoer must not be spared from the hands of justice.
- Essentials of Section 319 CrPC:
- Additional Accused Persons: Section 319 empowers the court to summon and try other persons, in addition to those already named as accused in the case, if it appears that they have also committed the offence being tried.
- Evidence During Trial: The court can exercise this power either on its own or based on an application by the prosecution or the defense. This means that if during the trial, the court becomes aware of the involvement of other individuals, it can summon them for trial.
- Sufficient Evidence: The court must have sufficient evidence against the additional accused persons to justify summoning them for trial. The provision doesn't allow the court to act solely on suspicion; there must be some prima facie evidence connecting them to the offense.
- Opportunity to be Heard: Before summoning any additional accused, the court should provide them with an opportunity to be heard. This ensures that they can present their side of the story and contest the decision to add them as accused.
- Joined in the Same Trial: Once the additional accused are summoned and brought before the court, they will be tried along with the original accused in the same trial.
- Separate Trial if Necessary: In case the court finds that the evidence against the additional accused requires a separate trial, it may direct such a separate trial.
- Protection of Rights: The rights and safeguards available to the original accused, including the right to a fair trial and legal representation, also extend to the additional accused.
- Discretion of the Court: The decision to summon additional accused persons rests on the discretion of the court. The court will consider factors such as the nature of the offense, the evidence available, and the interests of justice before making a decision.However, the Supreme Court held that
- It should be employed sparingly and when the situation clearly calls for it.
- Only when there is clear and convincing evidence against a person in the evidence provided to the court should this power be used, and not arbitrarily or carelessly.
Hence option c is the correct answer.
|
Explore Courses for UPSC exam
|
|
Top Courses for UPSCView all
Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
Question Description
Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Solutions for Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Consider the following statements with reference to Section 319 of the Code of Criminal Procedure (CrPC):1. It confers power on the Court to proceed against persons, other than those named as accused in the chargesheet.2. The court can exercise power under this Section on its own.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice UPSC tests.
|
|
Explore Courses for UPSC exam
|
|
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup