Title: Standard of Proof for Summoning a Person as an Accused With Reference to Shiv Prakash Mishra vs. State of Uttar Pradesh
Abstract:In criminal justice system from the initial stage of investigation some time it happens that those who are actually committed the offence easily escape the boundaries of penal law, by one way or the o...In criminal justice system from the initial stage of investigation some time it happens that those who are actually committed the offence easily escape the boundaries of penal law, by one way or the other. Most commonly it happens so during the investigative stage of the offence which results in filling of improper charge sheet, due to laxity in investigation. But their names were deleted before filing of charge sheet under section 173 (2) of Cr.P.C., and then the victim or the complainant left with no option except to record his or her evidence before the court and then move an application under Section 319 of Cr.P.C for summoning of accused involved in crime, named in FIR but not Charge sheeted before the court or the Victim or Complainant have to opt for filing of a separate Complaint otherwise then of police report, against the remaining accused who were not charge sheeted. If the Victim or the complainant does not opt either way then also Court is empowered to precede Suo – Muto, if a Magistrate hearing a case against certain accused finds from the evidence that some person, other than the accused before him, is also concerned in that very offence or in a connected offence. So there comes an issue that, if the complainant has stated the person's name in the police report and such person is the main root cause of the crime has not been summoned before the court of law due to lack of evidence then he cannot be questioned. A sample size of 1641 people were taken as sample for the research. The collected data were analysed using SPSS software and the acquired processed data were used for the empirical study. The study's findings revealed that there is no significant difference between a summoning a person as an accused under section 319 of Crpc and framing a charges against them.Read More
Publication Year: 2019
Publication Date: 2019-01-01
Language: en
Type: article
Indexed In: ['crossref']
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot