‘Persons not chargesheeted can be arrayed as accused’

Courts can array any person as an 'accused' in criminal cases even if no chargesheet has been filed against him/her by the investigating agency, the Supreme Court has said.

Courts can array any person as an ‘accused’ in criminal cases even if no chargesheet has been filed against him/her by the investigating agency, the Supreme Court has said.

A bench of Justices Arijit Pasayat and D K Jain observed “the trial court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the court is satisfied at any stage of the proceeding on the evidence adduced”.

Though a person had initially been named in the FIR as an accused but not chargesheeted, he/she can also be added to face the trial, the bench said while interpreting section 319 of the CrPC.

Story continues below this ad

The power under section 319 can be exercised by the court suo motu or on an application by someone including the accused already before it, if it is satisfied that any person other than the accused has committed an offence and he is to be tried together with the other accused persons, the apex court ruled.

“The power is discretionary and such discretion must be exercised judicially having regard to facts and circumstances of the case, the bench observed.

“Undisputedly, it is an extraordinary power which is conferred on the court and should be used very sparingly and only if compelling reasons exist,” it said.