203, Cr.P.C. (S.S. Khanna v.

Chief Secretary (1983) 3 SCC 42 : AIR 1983 SC 595)

The scope of this section is wide enough to include cases instituted on private
complaint; Sohan Lal v. State of Rajasthan (1990) 4 SCC 580 : AIR 1990 SC 2158.
In the case of Lal Suraj Alias Suraj Singh And Another Vs. State of Jharkhand, [(2009)
2 SCC 696], the Honble Apex Court has observed about nature, scope and
applicability of Section 319 Cr.P.C. and trial of persons not already arraigned as
accused and held that power under Section 319 Cr.P.C. is required to be exercised
very sparingly. Before order summoning such persons is passed, trial court must
form an opinion on the basis of evidence brought before it that a case has been
made out that such person could be tried together with the other accused. If on the
basis of evidence produced before the trial court there was possibility of recording a
judgment of conviction against the accused, the order can be passed under Section
319 Cr.P.C.
PRINCIPLES UNDER WHAT CIRCUMSTANCES POWER UNDER SECTION 319 CRPC BE
USED - RAJASTHAN HIGH COURT 2013
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN of Rajasthan High Court in the case of
Rekha Sharma vs State Of Rajasthan Decided on 3 May, 2013 - The following broad
principles as to under what circumstances power under Section 319 Cr.P.C. should
be exercised can be safely summed up from the opinion expressed by Honble Apex
Court in various judgments:
i) Power to summon an accused is discretionary and extra-ordinary power, which
should be exercised sparingly and only if compelling reasons exist at any stage of
case.
ii) The order passed under Section 319 of the Code of Criminal Procedure
summoning an additional accused should not be a mechanical exercise. Court
should record reasonable satisfaction and reasons in support of the order.
iii) Power cannot be exercised to conduct a fishing enquiry;
iv)There should be reasonable prospects of the case against the newly added
accused ending in their conviction.
v) Step to summon an accused can be taken only on the basis of evidence adduced
before the Court and not on the basis of materials available in the charge-sheet of
the case-diary as such material does not constitute evidence,
vi) Power can be exercised suo moto or on an application by some one including
accused already before the Court,
vii) An accused is not entitled to be heard before the Court exercises power under
Section 319 of the Code of Criminal Procedure;
viii) Satisfaction of the Court is paramount before summoning an accused, which
can be arrived at inter-alia upon completion of cross-examination of the witness,
ix) Mere statement of the complainant without there being any other evidence on
record may not be sufficient to summon the accused. Each case on this aspect

needs cautious examination on facts before passing order of summoning of

additional accused,
x) Each case has to be considered on its own facts as there may be different stages
of the case where the Court can reach to a conclusion that a prima facie case is
made out against the accused sought to be summoned.