The Code of Criminal Procedure, 1973  - Section 319

The Code confers power on the trial court to find out whether a person who ought to have been added as an accused has erroneously been omitted or has deliberately been excluded by the investigating agency and that satisfaction has to be arrived at on the basis of the evidence so led during the trial - Section 319 Cr.P.C. is a discretionary and an extra-ordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a casual and cavalier manner. Though only a prima facie case is to be established from the evidence led before the court not necessarily tested on the anvil of Cross-Examination, it requires much stronger evidence than mere probability of his complicity. The test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. In the absence of such satisfaction, the court should refrain from exercising power under Section 319 Cr.P.C.

The Indian Evidence Act, 1872  - Section 32

Section 32 - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant - the note written by the deceased does not relate to the cause of his death or to any of the circumstances of the transaction which resulted in his death and therefore, is inadmissible in law. Legal Maxim - "judex damnatur cum nocens absolvitur" - a Judge is condemned when guilty person escapes punishment.

Topic(s)-

Important Decision(s)- Legal Maxim - "judex damnatur cum nocens absolvitur" - a Judge is condemned when guilty person escapes punishment.