– The power under Section 319 of the Code of Criminal Procedure (CrPC) can be exercised during any inquiry into or trial of an offense, where it appears from the evidence that any person not being the accused has committed an offense for which they could be tried together with the accused.
– The word “evidence” in Section 319(1) of the CrPC includes evidence collected during the investigation and is not limited to evidence recorded during the trial.
– The court can exercise the power under Section 319(1) based on the statement made in the examination-in-chief of the witness concerned, and it is not limited to evidence tested by cross-examination.
– The nature of the satisfaction required to invoke the power under Section 319 CrPC is that the court must be satisfied that there is sufficient evidence indicating the involvement of the other person in the offense as an accused, and the court must also be satisfied that circumstances justify and warrant that the other person be tried with the already arraigned accused.
– The power under Section 319 CrPC can be exercised only if the court is satisfied that there is strong and cogent evidence against a person from the evidence before the court, and it should not be exercised routinely.
– The power under Section 319 CrPC extends to persons not named in the fir or named in the FIR but not chargesheeted or who have been discharged.
