Hardeep Singh v. State of Punjab (2014)

1. At what stage can power under Section 319 CrPC be used?
2. What kind of material justifies invoking this power?
3. In what manner should the court exercise this power?

“Inquiry” in Section 319 refers to the court’s inquiry after the charge-sheet reaches the court. It is different from the police investigation and is also distinct from the trial. The trial begins only after charges are framed.

• Section 319 power is extra-ordinary and discretionary; use it sparingly.
• Not to be used merely because the judge feels someone else may be guilty.
• Invoke only when strong and cogent evidence arises from material before the court.
• Trial begins after charges are framed; inquiry is a separate stage.
• Power can be used any time from the start of inquiry till judgment, except during Sections 207–209 and committal.
• Dharam Pal affirmed: Sessions Court has original power under Section 193 after committal to proceed against others based on police papers.
• Standard of satisfaction: more than prima facie (at charge) but short of conviction certainty.
• Named or unnamed in FIR can be summoned. If previously discharged, follow Sections 300 & 398.

The court’s duty is to bring the real offender to trial. Section 319 is a safety valve: it lets the court add a new accused when the courtroom evidence points strongly to their role, but it guards against casual or speculative additions.

This ruling gives a clear, student-ready framework on timing, evidence standard, and limits for adding an accused. It balances fairness to the accused with society’s interest in punishing the real culprit.

Mnemonic: “Inquire, not Imagine; Strong, not Soft; Sessions, not Supply.”

1. Inquire, not Imagine: Act during court inquiry/trial; not at committal (Sections 207–209).
2. Strong, not Soft: Evidence must be strong and clear—above prima facie.
3. Sessions, not Supply: After committal, Sessions has power under Section 193; supply-of-documents stage is excluded.

Issue

When and how may a court add a new accused under Section 319 CrPC, and what evidence is required?

Rule

Section 319 applies during court inquiry or trial; use is exceptional, based on strong and cogent in-court evidence; standard above prima facie; excludes committal stage.

Application

Given conflicting views, the Constitution Bench clarifies timing, evidence threshold, and the Sessions Court’s power under Section 193 after committal.

Conclusion

Courts may add an accused from inquiry start to judgment (excluding committal). Do so sparingly, only on strong courtroom material pointing to complicity.

Inquiry

Court’s pre-trial stage after charge-sheet, distinct from investigation and from trial.

Committal

Magistrate sends the case to Sessions; the supply-of-documents stage under Sections 207–209.

Section 193 CrPC

Gives Sessions Court original power to proceed against others after committal.

• Dharam Pal & Ors. v. State of Haryana & Anr. — On Sessions Court powers post-committal (Section 193 CrPC).