Source: Supreme Court

Why in News?

Recently the Supreme Court in the matter of Gurdev Singh Bhalla v. State of Punjab & Ors., has upheld an application under Section 319 of the Code of Criminal Procedure, 1973 (CrPC) filed against the police officials accused of corruption.

What is the Background of Gurdev Singh Bhalla v. State of Punjab & Ors. Case?

• In this case, Punjab Agro Foodgrains Corporation Ltd., Bathinda, lodged a complaint at Police Station, Phul, District Bathinda against accused Devraj Miglani of the offences under the Indian Penal Code, 1860 (IPC) and under the Prevention of Corruption Act, 1988.
• The investigation of this case was transferred to the Vigilance Bureau, Bathinda where the appellant (Gurdev Singh Bhalla) was posted as an Inspector, and he was assigned the task of investigating the said crime and the accused Devraj was arrested.
• According to the informant of the present case, the Head Constable Kikkar Singh approached Ms. Ritu, niece of the accused Devraj at her workplace demanding a sum of Rs.50,000/- by handing over a slip which was said to have been written by the accused Devraj.
• It was found that the allegation against the Head Constable Kikkar Singh were prima facie made out.
• The Trial Court allowed the application under Section 319 of CrPC and summoned the four police officials namely Janak Singh,Gurdev Sigh Bhalla, Harjinder Singh and Rajwant Singh
• The appellant challenged the aforesaid order before the High Court of Punjab and Haryana at Chandigarh which was later dismissed by the Court.
• Aggrieved by this, the appellant filed an appeal before the Supreme Court which was later dismissed.

What were the Court’s Observations?

• The Division Bench of Justices Vikram Nath and Rajesh Bindal observed that there appears to be prima facie evidence on record to make it a triable case against the appellant.
  • The Court upheld an application under Section 319 of CrPC filed against the police officials accused of corruption. Thus, the Court is not inclined to interfere with the impugned order.
• The Court further made it clear that any observations made in this order will not come in the way of the Trial Court in deciding the trial on its own merits on the basis of the evidence adduced before it, completely uninfluenced by this judgment.

What is Section 319 of CrPC?

About:

• Section 319 of CrPC deals with the power to proceed against other persons appearing to be guilty of offence whereas the same provision has been covered under Section 358 Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• It is based on the doctrine judex damantur cum nocens absolvitur which means Judges condemned when guilty is acquitted. This section states that-

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

(2) Where such a person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1), then—

(a) The proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;

(b) Subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

Essential Elements of Section 319:

• There is any enquiry or trial of an offence.
• It appears from the evidence that any person, not being an accused has committed any offence for which, the person to be tried together with the accused.

Case laws

• In the case of Hardeep Singh v. State of Punjab (2014), the Supreme Court held that Section 319 CrPC is based on the principle that innocent should not be punished, at the same time, real culprit should not be allowed to escape.
• In Lal Suraj @ Suraj Singh and another v. State of Jharkhand (2008), the Supreme Court held that Section 319 of CrPC is a special provision. It seeks to meet an extraordinary situation. Although it confers of vide amplitude but is required to be exercised sparingly.