Indian courts have limited power to summon a new accused after a trial ends, primarily governed by Section 319 of the CrPC. The Supreme Court has clarified that this power exists only until sentencing or acquittal is complete, not after full trial conclusion.
*Key Judgment*
In Sukhpal Singh Khaira v. State of Punjab (2022), a five-judge bench ruled that a trial concludes only after
conviction and sentencing. Courts can summon additional accused post-conviction but pre-sentencing if prima facie evidence emerges during proceedings.
*Crucial questions raised*
- Can a trial court summon a new accused person under Section 319 of the Criminal Procedure Code, 1973 after the trial has ended?
- If in criminal proceedings against multiple accused, the trial has been separated between (1) physically present accused; and (2) absconding accused persons, can a new accused be summoned in the second set of proceedings after the first has concluded?
- What guidelines must courts follow while summoning a new accused under Section 319 of the Code?
The Supreme Court held that a summoning order under Section 319 CrPC is issued “in the course” of trial if:
- in acquittal cases, it precedes the acquittal pronouncement; and
- in conviction cases, it comes before the final sentencing order. When both the summoning order and the acquittal/sentencing order are issued on the same day, courts must examine the facts and circumstances to determine if the summoning order truly preceded the trial’s conclusion. In trials bifurcated between physically present accused and absconding accused, trial courts may summon additional accused during proceedings against the absconding ones—but only if the evidence supporting the summons emerges from those subsequent proceedings. Summoning orders cannot rely on evidence from the main (concluded) trial against present accused if Section 319 powers were not invoked there before completion.
*Key Guidelines for Section 319 CrPC*
If trial evidence or an application implicates another person, the court must pause proceedings, assess the need to summon them, and issue orders if warranted.Decide on joint or separate trials for the new accused; joint trials begin only after securing their presence.If invoked after judgment reservation, rehear the case following this procedure.For joint trials, conduct them afresh; for separate trials, proceed against the summoned accused after judgment in the main case.
*Objection of Section 319*
The Supreme Court found that Section 319 of the Code was introduced to ensure that an accused, not initially charge-sheeted but found to be involved in the crime during the trial, does not escape legal consequences. This section empowers the court to summon and try such an accused alongside others before the conclusion of the trial.
*End of Trial*
Since summoning orders under Section 319 CrPC can only be issued “in the course” of trial, a key issue is
determining when the trial concludes. The Supreme Court noted that this varies by outcome.
In acquittal cases, the trial ends upon recording the acquittal order under Sections 232 or 235 CrPC.
In conviction cases, however, the trial does not conclude with the guilt finding. It continues until the judge determines and pronounces the sentence.
