Section 319 of The Code of Criminal Procedure, 1973 II

Posted on by Rudrajyoti Nath Ray

The power of Court under Section 319 has been reiterated in Hardeep Singh v. State of Punjab, (2014) 3 SCC 92.  It has been held, such power is available before pronouncement of a Judgment. After pronouncement of a Judgment of conviction, trial is not complete – though it may be so in case of acquittal. A Judge is required to award an appropriate sentence, which results in conclusion of trial. Court shall pause trial if, before sentencing, it finds evidence or an application under Section 319 is filed.

– Hon’ble Justice A.S. Bopanna, Sukhpal Singh Khaira v. State of Punjab, [Criminal Appeal No. 885 of 2019].

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In absence of any credible evidence, power under Section 319 ought not to be invoked.

– Hon’ble Justice Surya Kant, Juhru v. Karim, [Criminal Appeal No. 549 of 2023] decided on 21/02/2023.

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