Questions and answers on law(Part 65)

 Q 1:- Whether Appellate court can exercise power U/S 319 of CRPC?

Ans:- The power under Section 319 of CrPC cannot be exercised at the appellate stage, as the trial would have already concluded by then. The appellate court can only review the legality or correctness of the trial court’s decision, and not summon any new accused on the basis of the evidence already recorded. However, the appellate court may remand the case back to the trial court for further inquiry or trial, if it deems necessary, and the trial court may then exercise its power under Section 319 of CrPC, subject to the conditions and guidelines above.

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