Criminal Lawyer: Standard of proof required to summon a person under Section 319 Cr.P.C. is higher than the standard of proof required for framing a charge; SC.

Supreme Court of India

Justice R Banumathi and Justice A S Bopanna

The SC affirms the judgement of the courts below declining to summon the respondent no. 2 as accused under Section 319 Cr.P.C. It was held that the power under Section 319 Cr.P.C. is discretionary and is to be exercised sparingly. It was further held that the standard of proof employed for summoning a person as an accused person under Section 319 Cr.P.C. is higher than the standard of proof employed for framing a charge against the accused person.

While dismissing the appeal {Shiv Prakash Mishra versus State of Uttar Pradesh and Another} it was held by the SC that in the present case having regard to the contradictory statements of the witnesses and other circumstances, the trial court and the high court rightly held that respondent no. 2 cannot be summoned as an accused.