Hardeep Singh v State of Punjab, (2014) 3 SCC 92

Hardeep Singh v State of Punjab discusses the scope and extent of powers of the court to arraign any person as an accused during an inquiry under Section 319 of the Criminal Procedure Code, 1973 (CrPC).

Facts of Hardeep Singh v. State of Punjab

Hardeep Singh, who ran a coaching center, was arrested and allegedly handcuffed without justification, subjected to torture during custody and experienced unreasonable delays in his trial, damaging his dignity and reputation. He filed a writ petition under Article 226 of the Indian Constitution, claiming the prosecution purposefully caused delays.

Issues Involved

• At what stage can the power under Section 319 CrPC be exercised?
• Does the “evidence” under Section 319 CrPC only include evidence tested by cross-examination or can it be exercised based on the statements made in examination-in-chief?

Hardeep Singh v. State of Punjab Judgement

The Supreme Court in Hardeep Singh v State of Punjab highlighted the constitutional protections under Articles 20 and 21, ensuring smooth administrative justice and a fair trial. It was noted that Section 319 CrPC derives from the principle “judex damantur cum nocens absolvitur” (a judge is condemned when the guilty is acquitted), emphasising the court’s power to ensure justice by bringing all potential culprits to trial.

The court in Hardeep Singh v State of Punjab clarified that “evidence” under Section 319 CrPC should be broadly interpreted, not restricted to evidence presented during the trial phase.

Conclusion

The Supreme Court in Hardeep Singh v State of Punjab ruled that the power under Section 319 CrPC can be exercised at the stage of completion of examination-in-chief. The court does not need to wait for the evidence to be tested by cross-examination, as the satisfaction of the court regarding the complicity of other persons not facing trial can be determined from the reasons recorded by the court. This ensures that justice is not hindered by procedural delays and that all those who may be involved in a crime are appropriately tried.