38.6c New Delhi, India, Saturday, January 17, 2026
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Courts Cannot Conduct Mini-Trial While Deciding Application to Summon Additional Accused Under Section 319 CrPC: SC [Read Judgment]

By Saket Sourav      05 December, 2025 08:30 PM      0 Comments
Courts Cannot Conduct Mini Trial While Deciding Application to Summon Additional Accused Under Section 319 CrPC SC

New Delhi: The Supreme Court has held that courts cannot conduct a mini-trial or assess the credibility of witnesses while considering applications under Section 319 of the Code of Criminal Procedure for summoning additional accused persons. At this stage, the inquiry is limited to examining whether the evidence on record prima facie indicates the involvement of the proposed accused.

A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh delivered the ruling while allowing a criminal appeal filed by the complainant challenging the Allahabad High Court’s order refusing to summon the deceased’s in-laws as additional accused in a murder trial.

The case arose from a tragic incident on March 25, 2021, when Neeraj Kumar lodged an FIR alleging that his sister, Nishi, had been shot by her husband, Rahul, at her matrimonial home. The information was conveyed by their nine-year-old daughter, Shristi, who told him, “Papa has shot Mummy at home.” The deceased was immediately taken to the hospital, where her statements were recorded under Section 161 CrPC on two dates—March 25, 2021, and April 18, 2021. Both statements were video recorded.

In her first statement, the deceased named her husband, Rahul, as the assailant. In her subsequent statement, she alleged that he shot her at the instigation of his mother, Rajo; his brother, Satan (Vineet); and his brother-in-law, Gabbar. She succumbed to her injuries on May 15, 2021. Following her death, the complainant submitted another representation on May 20, 2021, requesting legal action against the in-laws in view of the clear allegations in her statements.

However, upon completion of the investigation, the chargesheet filed on July 16, 2021, implicated only Rahul under Sections 302 and 316 IPC and exonerated the other family members. During the trial, the complainant deposed as PW-1, and his niece Shristi was examined as PW-2. In her testimony, Shristi stated that her father shot her mother at the instigation of the other family members. Based on these testimonies and the deceased’s statements, the prosecution moved an application under Section 319 CrPC seeking to summon the in-laws as additional accused.

The Trial Court dismissed the application on August 3, 2023, holding that the material was insufficient to invoke the extraordinary power under Section 319 CrPC. The Allahabad High Court affirmed this view on April 22, 2024, reasoning that the deceased’s statements could not be treated as dying declarations because death occurred after a substantial lapse of time; PW-1 was not an eyewitness; and PW-2 admitted in cross-examination that she reached the spot only after hearing gunshots.

The Supreme Court examined the statutory framework governing Section 319, which empowers a court to proceed against any person not already arraigned as an accused if evidence adduced during trial indicates their involvement. The Court observed that the provision seeks to give effect to the maxim judex damnatur cum nocens absolvitur—“the judge is condemned when the guilty is acquitted.”

Referring to the Constitution Bench judgment in Hardeep Singh v. State of Punjab, the Court reiterated that the degree of satisfaction required under Section 319 is higher than that necessary for framing charges but short of that required for conviction. This satisfaction must be based on cogent material that emerges during trial. Even examination-in-chief, though untested by cross-examination, qualifies as “evidence” for this purpose.

Citing S. Mohammed Ispahani v. Yogendra Chandak, the Court reaffirmed that statements under Section 161 CrPC cannot independently justify summoning of new accused but may be relied upon for corroboration when supported by trial evidence.

Assessing the material in the present case, the Court found that PW-1 had attributed specific acts to each in-law, stating that the deceased was harassed for giving birth to three daughters, pressured into sex determination, and forced to abort when a female foetus was detected. He also testified that his niece told him that her father shot her mother at the instigation of the other in-laws. The omission of these details in the FIR, the Court held, was immaterial since an FIR is not meant to be an encyclopaedia.

Regarding PW-2’s testimony, the Court held that her account carried considerable evidentiary value. She stated that her grandmother forced her mother to take contraceptives, and upon refusal, the grandmother complained to her father. She further deposed that her uncle and aunt’s husband told her father to kill her mother for giving birth to only female children, and that her father shot her mother with a pistol provided by her uncle.

The Supreme Court found the High Court’s approach erroneous. Relying on cross-examination to conclude that PW-2 was not an eyewitness amounted to conducting a mini-trial, which is impermissible at the Section 319 stage. Similarly, speculation regarding tutoring of the child witness could not defeat the application when her Section 161 statement had already named the in-laws.

The Court held the deceased’s statements admissible under Section 32(1) of the Evidence Act as dying declarations. It reaffirmed that such statements need not be recorded by a Magistrate or accompanied by a doctor’s certification, and that the law does not require the declarant to be under immediate expectation of death. Inconsistencies between the two statements, if any, were matters to be tested during trial and not grounds to reject the Section 319 application.

Finding that the material on record prima facie indicated the involvement of the in-laws, the Court concluded that the Trial Court and High Court erred in refusing to summon them. It clarified that its observations were confined to deciding the Section 319 application and would not influence the merits of the trial. The Trial Court was directed to assess the child witness’s testimony in accordance with the principles laid down in State of Rajasthan v. Chatra and State of M.P. v. Balveer Singh.

Setting aside the High Court’s judgment, the Supreme Court summoned the in-laws to stand trial and directed the parties to appear before the Trial Court on January 8, 2026. The Court also instructed that the trial be expedited and that unnecessary adjournments be avoided.

Case Title: Neeraj Kumar @ Neeraj Yadav v. State of U.P. & Ors.
*Criminal Appeal arising out of SLP (Crl.) No. 7518 of 2025

[Read Judgment]



Share this article:

About:

Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-directs-coal-india-to-create-supernumerary-post-for-visually-disabled-candidate-calls-disability-rights-part-of-csr
Trending Judiciary
SC Directs Coal India to Create Supernumerary Post for Visually Disabled Candidate, Calls Disability Rights Part of CSR

Supreme Court directs Coal India to create a supernumerary post for a visually disabled candidate, holding disability rights integral to corporate social responsibility.

16 January, 2026 04:55 PM
absence-of-motive-not-fatal-when-credible-dying-declaration-exists-restores-murder-conviction-sc
Trending Judiciary
Absence of Motive Not Fatal When Credible Dying Declaration Exists; Restores Murder Conviction: SC [Read Judgment]

Supreme Court restores murder conviction, holding that absence of motive is not fatal when a credible and trustworthy dying declaration exists.

16 January, 2026 05:06 PM

TOP STORIES

ai-judges-the-future-of-algorithmic-decision-making-in-courts
Trending Vantage Points
“AI Judges” The Future of Algorithmic Decision-Making in Courts

Can algorithms deliver justice? This article explores AI judges, constitutional challenges, ethical risks, global models, and India’s cautious path forward.

12 January, 2026 07:07 PM
madras-hc-seeks-larger-bench-to-reconsider-bar-on-enrolment-of-law-graduates-with-pending-criminal-cases
Trending Judiciary
Madras HC Seeks Larger Bench To Reconsider Bar On Enrolment Of Law Graduates With Pending Criminal Cases [Read Order]

Madras High Court refers to larger bench to reconsider bar on enrolment of law graduates with pending criminal cases under Advocates Act.

15 January, 2026 05:28 PM
madras-hc-state-organizes-jallikattu-at-avaniyapuram-private-committees-cannot-claim-independent-right
Trending Judiciary
Madras HC: State Organizes Jallikattu at Avaniyapuram; Private Committees Cannot Claim Independent Right [Read Order]

Madras High Court rules that only the State can organize Jallikattu at Avaniyapuram; private committees have no independent right to conduct the event.

15 January, 2026 05:52 PM
sc-delivers-split-verdict-on-section-17a-of-prevention-of-corruption-act-refers-matter-to-larger-bench
Trending Judiciary
SC Delivers Split Verdict on Section 17A of Prevention of Corruption Act, Refers Matter to Larger Bench [Read Judgment]

Supreme Court delivers a split verdict on Section 17A of the Prevention of Corruption Act, with judges differing on its validity and referring the issue to a larger bench.

15 January, 2026 08:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email