Scope of Court’s Power Under Section 319 CrPC to Summon New Accused After Trial: Supreme Court Judgment in Sukhpal Singh Khaira Case
- NITU KUMARI
- 14 May 2025
Explore the Supreme Court’s landmark judgment on Section 319 CrPC in the Sukhpal Singh Khaira case. Learn how and when courts can summon new accused after a trial concludes, and what this means for criminal justice in India.
Introduction
The Indian legal system provides mechanisms to ensure justice is served—even when new facts arise late in a criminal trial. One such provision is Section 319 of the Criminal Procedure Code (CrPC), which empowers courts to summon additional accused based on fresh evidence. This blog explores the Supreme Court of India‘s interpretation of this section in the landmark Sukhpal Singh Khaira vs. State of Punjab case from 2022.
Background of the Case
On March 5, 2015, a First Information Report (FIR) was filed at Police Station Sadar Jalalabad against 11 individuals under multiple provisions of the:
A chargesheet filed on September 6, 2015, named 10 accused who were put on trial. Notably, Sukhpal Singh Khaira was not included initially. However, the Sessions Court later issued a Summoning Order under Section 319 CrPC based on the evidence presented.
Facts of the Case
Of the 11 accused, nine were convicted and two acquitted on October 31, 2017.
On the same day, the Sessions Court summoned five more individuals under Section 319 CrPC, including Khaira.
The summons was challenged in the Punjab and Haryana High Court, which upheld the order.
The matter was escalated to the Supreme Court of India.
Key Legal Issue
The central legal question was:
Can a trial court summon a new accused under Section 319 CrPC after the trial of the co-accused has concluded and judgment has been delivered?
Additional issues involved:
Summoning in cases with absconding accused later brought to trial.
Guidelines for courts invoking Section 319 CrPC.
Relevant Legal Provision – Section 319 CrPC
Section 319 of CrPC empowers courts to include additional individuals in a criminal trial if evidence suggests their involvement. Key aspects:
It must be invoked “in the course of any inquiry or trial.”
Requires prima facie evidence for summoning.
Ensures the right to a fair trial for newly added accused.
Supreme Court Judgment and Interpretation
A five-judge Constitution Bench of the Supreme Court of India delivered the verdict. Judges included:
When Is a Trial Considered Complete?
The court ruled that a criminal trial is only complete once both conviction and sentencing are announced. Therefore, the court retains the authority to summon new accused after conviction but before sentencing.
Guidelines for Using Section 319 CrPC
Key takeaways:
Courts can summon additional accused before sentencing or acquittal.
If invoked post-argument but pre-judgment, a rehearing is required.
In bifurcated trials, the power can be used if fresh evidence appears.
Courts must determine whether the summoned person should be tried jointly or separately.
Implications of the Verdict
The ruling emphasizes that the objective of Section 319 CrPC is to achieve complete justice. It ensures that no offender escapes prosecution due to procedural limitations, while still safeguarding the rights of the accused.
Conclusion
The Supreme Court’s interpretation of Section 319 CrPC in the Sukhpal Singh Khaira case clarifies that courts can summon new accused even after a trial concludes, provided sentencing has not been finalized. This empowers the judiciary to respond to evolving evidence, reinforcing the principle that no guilty person should escape and no innocent person should suffer.
