CrPC Section 319 Supreme Court Overview
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Questions and Answers

What must occur before the pronouncement of acquittal in relation to an order of acquittal?

  • The conviction must be pronounced.
  • The sentencing order must be delivered.
  • The summoning order must be issued.
  • The power must be exercised. (correct)

    • What action did the trial court take after the conviction and acquittal orders on March 21, 2012?

  • Issued the summoning order after sentencing. (correct)
  • Issued a separate judgment for acquittal.
  • Issued the summoning order before sentence.
  • Issued the conviction order only.

    • What did the Supreme Court decide regarding the summoning order in the present appeal?

  • It was dismissed without further review.
  • It was sustainable and upheld.
  • It was postponed until further notice.
  • It was not sustainable due to timing. (correct)

    • What guideline did the Constitution Bench provide for cases with simultaneous orders?

    <p>Each case’s facts and circumstances must be evaluated.</p> Signup and view all the answers

    What was the outcome of the appeal in the case of Devendra Kumar Pal v. State of UP?

    <p>The appeal was allowed, and prior judgments were set aside.</p> Signup and view all the answers

    What does Section 319 of the CrPC empower the trial court to do?

    <p>Summon any person involved in the offence for trial</p> Signup and view all the answers

    What was the Supreme Court's finding regarding the timing of the summoning order in the case?

    <p>The summoning order was issued after the trial concluded.</p> Signup and view all the answers

    What did the Advocate Puneet Singh Bindra argue for the appellant?

    <p>The summoning of the appellant was legally unsustainable.</p> Signup and view all the answers

    According to the Supreme Court's observations, when must Section 319 of the CrPC be invoked?

    <p>Before the pronouncement of the sentence</p> Signup and view all the answers

    What was the outcome of the Allahabad High Court's judgment regarding the summoning order?

    <p>It upheld the summoning order as valid.</p> Signup and view all the answers

    In the Sukhpal Singh Khaira v. State of Punjab case, what did the Constitution Bench rule?

    <p>That 319 must only be invoked after a conviction.</p> Signup and view all the answers

    What was the primary legal argument against the summoning order in this case?

    <p>It was issued after a conviction and sentencing.</p> Signup and view all the answers

    What section of the IPC were the convicted accused charged under?

    <p>Section 302</p> Signup and view all the answers

    Study Notes

    Supreme Court Ruling on Section 319 of CrPC

    • The Supreme Court quashed an order summoning an individual for a murder trial after the trial against original accused had concluded.
    • Section 319 of the CrPC allows summoning of any person, not initially accused, if evidence suggests their involvement during the trial.
    • A bench with Justices BR Gavai and KV Viswanathan overturned the Allahabad High Court's ruling that upheld the summoning order.
    • Referenced case: Sukhpal Singh Khaira v. State of Punjab determined procedures surrounding the invocation of Section 319.
    • The Constitution Bench established that summoning orders issued post-acquittal or sentencing may not be sustainable.

    Case Background

    • Additional Sessions Judge convicted certain accused under Section 302 of the IPC and acquitted others on March 21, 2012.
    • Following convicting orders, the trial court invoked Section 319, summoning the appellant, which was later affirmed by Allahabad HC.
    • Advocate Puneet Singh Bindra argued against the summoning, asserting it was legally invalid after trial conclusion and sentence imposition.
    • Advocate Vishnu Shankar Jain contended that the simultaneous issuance of the summoning order with sentencing legitimized the action.

    Supreme Court Findings

    • The Supreme Court reiterated that under Section 319, the summoning must occur before the pronouncement of a conviction or acquittal.
    • The trial court issued the summoning order only after sentencing the convicted accused, making it impermissible under the referenced legal framework.

    Court Decision

    • The Supreme Court allowed the appeal, annulled the Allahabad HC judgment, and deemed the Additional Sessions Judge's summoning order unsustainable.
    • Case referenced: Devendra Kumar Pal v. State of UP and Anr., SLP(Crl.) No. 6960 of 2021, Citation: 2024 LiveLaw (SC) 687.

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    Description

    This quiz explores the recent Supreme Court ruling regarding Section 319 of the CrPC, which allows the summoning of individuals after trial evidence suggests their involvement in an offense. Understand the implications of this ruling and its impact on judicial proceedings. Test your knowledge on related legal principles and significant court decisions.

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