Shankar vs State Of Uttar Pradesh 2024 INSC 366 – S 319 CrPC- Higher Degree Of Satisfaction

Code Of Criminal Procedure, 1973; Section 319– The degree of satisfaction required to exercise power under Section 319 Cr.P.C. – The evidence before the trial court should be such that if it goes unrebutted, then it should result in the conviction of the person who is sought to be summoned- The degree of satisfaction that is required to exercise power under Section 319 Cr.P.C. is much stricter, considering that it is a discretionary and an extra-ordinary power. Only when the evidence is strong and reliable, can the power be exercised. It requires much stronger evidence than mere probability of his complicity- Referred to Hardeep Singh v. State of Punjab, (2014) 3 SCC 92. (Para 16)

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